Hmm, think that this may be another case of people assuming that...

Hmm, think that this may be another case of people assuming that just because someone has a patent, that patent prevents ANY use of similar technology.

In other words, just because Pluristem has patents covering "3D bioreactor" technology does not mean that no other party can make their own 3D bioreactor. Pluristem only gets protection for what its valid, granted patent claims cover. No more. They cannot prevent third parties doing anything not covered by their patent claims.

Interestingly, and in just doing some very quick research, it appears that Lonza has its own patents related to 3D bioreactors, as do several other entities. Indeed, this could be a fairly crowded space. I doubt that Pluristem has sufficiently broad coverage to prevent any third party from coming up with a 3D bioreactor for cell manufacture in any case in all jurisdictions.

So if Lonza is manufacturing cells for MSB using ITS OWN patented-technology, it would be down to Pluristem to bring action against Lonza to try to halt said use of the Lonza solution, either by (a) invalidating Lonza's patent; and/or (b) arguing that aspects of Lonza's 3D bioreactor technology, processes, etc., fall outside the scope of Lonza's patent...and inside the scope of Pluristem's patent. If that's the case, Lonza would be the primary target in any patent infringement claim brought by Pluristem (though MSB could be dragged into that stoush, too, where its cells would be produced using infringing technology).

Again, however, I would suspect that MSB and in particular, Lonza (which is at the greatest risk of being sued directly and immediately for infringement), would already have done their homework on Pluristem's patents, and will have already created workarounds for any of Pluristem's claims, or at least arguments as to why their 3D bioreactors aren't infringing Pluristem's rights.

Remember, too, that Pluristem could be infringing other third party's rights in respect of other aspects of 3D bioreactor technology.

This is NOT a simple or cut and dried issue.