Researchers, Institutions, and Patents

Like a marriage descending into divorce, the relationship between researcher and institution can turn to enmity when patent and licensing disagreements become intractable. Fortunately, truly serious battles are relatively infrequent. More commonly, the reaction is anger and dissatisfaction over how a university or research hospital handles the commercialization of a scientist's discovery. But in serious battles against well-funded employers, the odds are clearly against the individual. When push

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In 1985, Galen D. Knight, a biochemist working in the research laboratory of Terence J. Scallen at the University of New Mexico in Albuquerque, deduced an organic compound that the scientists believed had incredible promise in stimulating the immune system and destroying cancer cells. Subsequent experiments demonstrated 80-100% survival rates in mice with aggressive melanoma and myeloma and with minimal toxicity. The excited researchers dubbed the discovery vitalethine.

Over the next several years they, with Paul L. Mann, a third UNM scientist, conducted more experiments. In 1990, the investigators filed for five patents on vitalethine and beta-alethine, an obscure but previously known compound, for use in cancer therapy and biomedical research. The compounds are members of a family known as vitaletheine modulators, with vitalethine believed to be most potent among them. The researchers initially assigned ownership to the university. Two years later, they presented their findings at a meeting of ...

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