Lisa A. Haile

Haile is continuing her crusade to clarify what stem cell technologies are patentable in Europe.

Later this month, she is scheduled to present oral argument before the Court of Justice of the European Union in Luxembourg.

"It is an exciting opportunity to present to one of the highest courts in Europe," Haile said.

At issue is a decision in 2012 from the United Kingdom's Intellectual Property Office that certain stem cell technologies are not patentable in Europe. The decision was based on an earlier ruling by the Court of Justice of the European Union.

Last year, the High Court of London considered an appeal by Haile, who is representing International Stem Cell Corp.

"Several large companies and patent offices in various countries wrote in and many are in our favor and support the patenting of stem cell technologies that don't involve destruction of an embryo," Haile said.

Clarity is needed, Haile said, adding that there has been some misunderstanding of the issues and what the original case should have covered.

The case is broad, affecting many different stem cell technologies, she said.

Haile said that her client doesn't use embryonic stem cells - a controversial aspect of the science.

"You can't destroy embryos if you don't create embryos," she added. "My client developed technology to get away from the moral and ethical issues."

Much is at stake, she said.

"It's so important for so many companies throughout Europe," she added. "There is a lot of confusion. There is important stem cell technology being developed. But, if there is no IP protection, this will stand in the way."

- Pat Broderick