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Greenberg v. Miami Children's Hospital Research Institute

United States District Court for the Southern District of Florida

264 F.Supp.2d 1064 (2003)

Relevant factsFree

Greenberg (plaintiff) recruited Canavan disease families worldwide to donate tissue, blood, and funding to Dr. Matalon's (defendant) research, without any of them being told Matalon intended to patent the gene sequence he eventually isolated using their contributions; after Matalon patented the gene and, with Miami Children's Hospital and its Research Institute (defendants), began restricting related activity and collecting licensing fees, Greenberg and the families sued for unjust enrichment, conversion, and other claims, seeking damages, an injunction, and patent royalties. The district court rejected all of Greenberg's claims.

IssueFree

Whether an individual has a cognizable property interest in body tissue and genetic material donated for research.

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