VetStem Patent Suit Advances; Medical Immunity Question Remains

A medical spa couldn’t convince a Texas judge presiding over VetStem Inc.’s patent infringement suit that being a medical provider makes it immune from the claims concerning stem cell treatment methods—at least for now.

Judge Mark Pitman denied Innovations Medspa PA’s motion to dismiss, saying it is unclear whether the spa is entitled to immunity. Innovations’ immunity argument would be more appropriately raised at the summary judgment or trial stage so the court can resolve questions of law and fact, according to a memorandum opinion and order filed Thursday in the US District Court for the Northern District of Texas. ...