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Kirk Teska, adjunct law professor at Suffolk University Law School and managing partner of Iandiorio, Teska & Coleman

Friday, October 31, 2008

Patent Watch

Inventors test the patent waters with assays

All disciplines have their own unique nomenclature — sometimes half the battle of learning a new science is understanding the language. In the biomedical arena, “assay” basically means analysis or test. Let’s take a look this month at a few recently issued patents and recently published patent applications naming New England inventors on the topic of assays.

• Manufacturers in certain industries such as pharmaceuticals, medical devices, and the food and water industries must meet exacting standards to verify that their products do not contain levels of microbial contaminants that would otherwise compromise the health of the recipient. Prior assays used to determine if microbial contaminants are present were expensive and slow because a sample was typically sent to a testing facility and it could take weeks before any kind of a problem was detected. Patent No. 7,329,538 (February 12) claims novelty in a cartridge for determining the presence or amount of a microbial contaminant in a sample, using an optical detector which enables faster on-site testing. This Charles River Laboratories Inc. (Wilmington) patent names Norman Wainwright of Falmouth as the lead inventor.

• Patent No. 7,410,808 (August 12) entitled “Method and Assay for Detection of Residues” relates to testing food products for antibiotic residues and proposes a new test strip with multiple test zones and a single control zone. Charm Sciences Inc., located in Lawrence, is the assignee, and Steven Saul of Arlington; Robert Markovsky of Brentwood, N.H.; and David Douglas of Andover are the inventors.

• Gestational diabetes mellitus (GDM) and pregnancy-induced hypertension (PIH) can seriously complicate a pregnancy. GDM and PIH had been difficult to detect, until now. Patent No. 7,344,892 (March 18) is based on the discovery that the sex hormone binding globulin (SHBG) or placental growth factor (PLGF) can be used as early indicators for the risk of developing pregnancy complications such as gestational diabetes and hypertension. The assays for SHBG and PLGF are simple and inexpensive, and can be performed during the first trimester as early as five weeks after conception. Ravi Thadhani of Boston and S. Ananth Karumanchi of Chestnut Hill are the inventors; the Beth Israel Deaconess Medical Center Inc. located in Boston and the General Hospital Corp., also located in Boston, are the assignees.

• Patent No. 7,374,906 (May 20) entitled “Biological Assays Using Gradients Formed in Microfluidic Systems” proposes a method of studying cell migration. The study of cell migration and the effects of external stimuli on cell behavior are prevalent in biological research. Typically, a cell is exposed to external stimuli and the cell’s reaction is studied. By placing the living cell in various environments and exposing it to different external stimuli, both the internal workings of the cell and the effects of external stimuli on the cell can be measured, recorded, and better understood. According to the ’906 patent, a special housing includes two wells connected by a channel filled with a gel matrix. Cells are introduced into one well and the chemotaxis or chemoinvasion of the cells are monitored. This Surface Logix Inc. (Brighton) patent names as inventors Gregory Kirk (Winchester), Emanuele Ostuni (Watertown), Enoch Kim (Boston), Olivier Schueller (Arlington), and Paul Sweetnam (Marblehead).

• Testing vaccines in animals is costly and time consuming. Patent No. 7,387,882 (June 17) discloses an in vitro method for determining if a particular vaccine is effective in humans. Francis Ennis of Shrewsbury is the sole inventor; the assignee is the University of Massachusetts Medical Center located in Worcester.

 

Kirk Teska is an adjunct law professor at Suffolk University Law School, and is the managing partner of Iandiorio, Teska & Coleman, an intellectual property law firm in Waltham. His book “Patent Savvy for Managers” is available online and in most major bookstores. He can be reached at kirk@iandorio.com.

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