Torts Keyed to Epstein
Moore v. Regents of the University of California
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff visited UCLA Medical Center shortly after he learned that he had hairy-cell leukemia. Defendant removed Plaintiff’s spleen to save his life. Even before the operation, Golde and Quan (Defendant), a researcher for the University of California, both knew that Plaintiff’s blood products could have great commercial uses unrelated to his medical research. Plaintiff flew from Seattle to UCLA several times because he was told that it was necessary and required for his well-being. However, these visits were designed to collect more research materials. Defendants then developed and patented a cell line from Plaintiff’s cells and licensed them for commercial development. The commercial rights were substantial and included cash payments and stock options. Plaintiff alleged that Defendants failed to disclose preexisting research and economic interests in the cells before obtaining consent to the medical procedures. Plaintiff also seeks to impose liability upon Defendants for the tort of conversion.
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