John Moore (human patent)
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A man named John Moore underwent treatment for cancer of the spleen at the University of California, Los Angeles hospital when he was diagnosed with hairy cell leukemia after he was told that local hospitals were unable to treat him. His physician, Dr. Golde, quickly realized the medical and commercial potential of Mr. Moore's cells. Repeated withdraw of "blood, blood serum, skin, bone marrow aspirate, and sperm" was performed on Mr. Moore. With his doctor's advice, part of his spleen was also removed.
After he was cured, Moore, who resided in Seattle, was asked to go to Los Angeles annually for re-check, as well as additional withdrawing of bodily fluid. In 1984, his doctor patented his cell line without Moore's permission. This patent was then sold to Sandoz Laboratories stocks currently worth about 5 million dollars.
Moore did challenge his doctor's appropriation of his cell line, and the California Court of Appeal noted the irony in the fact that Mr. Moore could not own his own tissue, and that the University of California and the biotech companies saw nothing wrong with having the exclusive control of Moore's spleen.
The Supreme Court of California, however, ruled that the doctor was at fault for failing to inform Moore and getting false consent from him. However, the court denied Moore on the issue of conversion, where Moore claimed the UC and the doctor benefited from his property. The court noted that it was detrimental to research if property status was granted to cells and body parts of the patients. The court also awarded Moore a small amount of money.
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- Paula Campbell Evans. "Patent Rights in Biological Material", Biobusiness Legal Affairs, Genetic Engineering News, October 1, 2006, p. 12.
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