The University of Rochester thought it had struck pay dirt on April 11, 2000, when it was awarded a broad patent covering inhibitors of the enzyme cyclooxygenase-2 (COX-2) based on the work of researchers Donald Young, Michael K. O'Banion, and Virginia D. Winn.1 That same day the university filed a lawsuit against pharmaceutical giants G.D. Searle & Co. (subsequently Pharmacia and Pfizer), and later Monsanto, alleging that the blockbuster drugs Celebrex and Bextra infringed on its pioneering patent.
But in March 2003, Rochester's case was thrown out.2 Adding injury to insult, US District Judge David Larimer invalidated the university's patent, ruling that it did not name a specific compound or spell out how to create one. This ruling is now affecting the manner in which many universities proceed with technology transfer.
Universities and research institutions seeking to commercialize their discoveries to the pharmaceutical and biotech industries can find themselves in ...
