United States Eighth Circuit

In a declaratory judgment action involving ownership of biological materials contributed by individuals for the purpose of genetic cancer research and currently housed on the campus of Washington University, a ruling finding that the university owns the materials is affirmed as, under the facts of the case, individuals who make an informed decision to contribute their biological materials voluntarily to a particular research institution for the purpose of medical research do not retain an ownership interest allowing them to direct or authorize the transfer of such materials to a third party.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• RILEY, Circuit Judge., Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant William J. Catalona in 06-2286 was Gene C. Schaerr, Washington, D.C. Also appearing on the brief was Andrew C. Nichols, Washington, D.C.; and Jim J. Shoemake, Troy A. Doles, St. Louis, Missouri., Robert S. Adler, Clayton, Missouri, filed a brief of amicus curiae on behalf of Us Too International in support of the appellants., Counsel who presented argument on behalf of the appellants Richard Ward, et al, in 06-2301 was Paul M. Smith, Washington, D.C. Also appearing on the brief was Elaine J. Goldenberg and Matthew S. Hellman, Washington, D.C., Lori B. Andrews and Julie A. Burger, Chicago, Illinois, filed a brief of amicus curiae on behalf of People's Medical Society in support of appellants Richard Ward, et al.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Thomas E. Wack, St. Louis, Missouri. Also appearing on the brief was Douglas W. King, ‘Elizabeth T. Ferrick,’ Michael R. Cannon, Monica J. Allen, St. Louis Missouri; and Robert A. Long, Washington, D.C., Mary Pauline Rouvelas, Washington, D.C., filed a brief of amicus curiae on behalf of the American Cancer Society in support of the appellee. Alexander E. Dreier and Jessica L. Ellsworth filed a brief of amicus curiae on behalf of Cornell University, Duke University, Emory University, The George Washington University, John Hopkins University, Mayo Clinic. The Board of Trustees of the Leland Stanford Junior University, The University of Michigan, The University of Minnesota, The University of Pittsburgh, The University of Rochester, American Council on Education, Association of American Medical Colleges and Association of American Universities in support of the appellee.