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Property Keyed to Sprankling
Moore v. Regents of the University of California
Citation:
793 P.2d 479 (1990), cert. denied, 499 U.S. 936 (1991).ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
John Moore (the plaintiff) sought medical treatment for hairy cell leukemia at the UCLA Medical Center (one of the defendants). Dr. Golde (another defendant) withdrew large amounts of blood, his spleen, bone marrow aspirate, and other bodily tissues from the plaintiff for testing and treatment. The defendants knew the plaintiff’s tissues were unique and extremely valuable, but they did not inform the plaintiff of this or that they would be using his tissues for research before they obtained his consent for removal. The defendants used genetic engineering to develop a cell line from the plaintiff’s cells (which they named the “Mo cell line”), got a patent for it, and entered into several commercial agreements to rights for the cell line and its related products. The estimated market value for these products is $3 billion.
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Topic Resources
Topic Outline
Introduction to Property: The Big Picture