Moore v. Regents of the University of California

Facts

Moore, the Plaintiff, sought treatment for a rare type of blood cancer at UCLA Medical Center. Dr. Golde, a primary Defendant, was his attending physician at the hospital. In connection with Moore’s cancer treatment, Dr. Golde performed an extensive number of procedures and extracted a significant amount of Moore’s cells. While Moore was aware that these procedures were done in connection with his cancer treatment, he was unaware that further research was being conducted on his cells with an eye toward pecuniary gain. Around the time this case was filed, biotechnology was a new, up and coming industry that had already proven itself to aid in advancing medical research and treatment. From the outset of the physician-patient relationship, Dr. Golde was aware that access to cells like Moore’s could be lucrative both financially and professionally. Moore continued to return to the hospital several times over a period of seven years at the insistence of Dr. Golde, who claimed that such visits were necessary and required for his health and well-being. In fact, throughout that period of time, the Defendants were involved in a number of activities unbeknownst to Moore. Specifically, that Defendants were harvesting Moore’s cells for research purposes with the express intent of developing a patent for commercial use. Indeed, Dr. Golde was ultimately successful in establishing a proprietary cell line derived from Moore’s cells that had potential therapeutic applications. In 1980, the Regents applied for a patent on the proprietary cell line. The patent issues in 1984, naming Golde as one of the inventors and the Regents as assignee of the patent. Dr. Golde and Regents would share in any royalties or profits arising out of the patent. However, Moore would receive nothing. Based upon these facts, Moore brought a claim for conversion of his cells against the Defendants. Moore contended that he continued to own his cells following their removal from his body, at least for the purpose of directing their use.