Athersys (ATHX): New IP that Protects MultiStem (but does not block others) !

Athersys (ATHX) announced earlier in the week a new patent has been granted (U.S. patent 8,075,881) that covers the use of "non-embryonic multipotent stem cells for the treatment of cardiovascular conditions including myocardial infarction, or heart attack, congestive heart failure, myocardial ischemia and other heart conditions".

From the company's press release: "The patent also provides protection for multiple techniques for delivering the stem cells to treat the conditions. Athersys also announced the issuance in 2011 of more than 25 patents in the U.S. and other countries covering non-embryonic multipotent stem cells, their production, and usage.

The issued patents cover Athersys' proprietary MultiStem has demonstrated therapeutic potential to treat a broad range of indications in the cardiovascular, neurological, and inflammatory and immune condition disease areas. Athersys currently has four clinical stage programs in acute myocardial infarction, ulcerative colitis, hematopoietic stem cell transplant support and ischemic stroke using its MultiStem product candidate."

We reviewed the IP claims as many questions were raised about how this IP impacts other companies also pursuing the use of adult stem cells in cardiology, MesoBlast, Cytori, NeoStem, Baxter and we found a few claims that narrow the Athersys IP around a specific cell type where the IP specifies this is for cells that are "mononuclear, centrifuged, and depleted (of CD45 and GlyA). The remaining cells are plated and, with successive doublings in culture, becoming more homogenous - by 10 doublings. So what does this all mean? It means that Athersys has IP to protect MultiStem but this is really not "blocking IP" that locks anyone else out of the space.