Alzheimer's Research Disrupted By Ridiculous Patent Dispute

from the wonderful dept

Wed, Apr 6th 2011 11:25am — Mike Masnick

We keep hearing stories of important healthcare research being disrupted by patents, and the latest, as pointed out by Slashdot, involves an organization called the Alzheimer's Institute of America... which happened to buy some patents on a DNA sequence, and is now suing or threatening to sue a ton of researchers in the space. Amusingly, AIA presents itself as an organization committed to supporting Alzheimer's research, when it appears the organization is more focused on shaking down researchers.

The key lawsuit at issue is the one filed against the Jackson Laboratory, which provides special lab mice for Alzheimer's research and is funded by the NIH. But AIA is pissed off that it's not getting a cut:

The AIA is alleging that Jackson infringed on its Swedish mutation patent, and others, when the lab distributed 22 strains of mice with the mutation to researchers; the organization is seeking unspecified damages.

The lawsuit also accuses six commercial companies of improperly profiting from the Swedish mutation, for instance by using mice bearing the mutation to test potential drugs. Furthermore, the AIA has filed four separate suits relating to the patent against academic institutions and companies in Oklahoma, Florida, Missouri and Pennsylvania (see 'Patent disputes').

But the litigation against Jackson could have the broadest impact on research. According to Einhorn, the AIA is demanding that Jackson hands over the names of all scientists who have worked with the relevant mouse models; this raises the possibility that those individual researchers might also be sued.

AIA has tried to defend its actions by saying that it's okay to use the mouse models for academic research, but you can't make money from it. The Jackson Laboratory points out that it's not making money from the models, and that it only got some money for the models which doesn't even cover the costs associated with the models.

But the key issue is that as a lab that relies on philanthropy and grants to operate, the last thing it can afford is a costly patent battle. Instead, it's asked the NIH to fight on its behalf. The lab could just settle, but the AIA is demanding that a settlement would involve Jackson handing over researchers' names who received the models, and Jackson finds that handing out such information would be "repugnant."

There are all sorts of reasons why researchers are doing this kind of work on Alzheimer's. Patents have very little to do with it. Many people would genuinely like to find ways to prevent, delay or (one can hope) cure the disease. But it appears that patents are seriously interfering with that mission. That these efforts to block research are coming from an organization that purports to support Alzheimer's research is nothing short of sickening.

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Filed Under: alzheimers, patents
Companies: alzheimers institute of america, jackson laboratory

24 Comments

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weneedhelp (profile), 6 Apr 2011 @ 11:31am

Patent trolls
Where are you now? Here troll, troll, troll. C'mon I really would love to hear a defense of this from you.
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- The eejit (profile), 6 Apr 2011 @ 11:45am
  
  Re: Patent trolls
  They're registered as a for-profit corporation. That should tell you all you need to know.
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iamtheky (profile), 6 Apr 2011 @ 11:42am

ahem,

Im not surprised when nuclear scientists get radiation poisoning, so why be surprised when Alzheimers researchers forget why they started in the first place.

ty, ty.
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Anonymous Coward, 6 Apr 2011 @ 11:53am

Notice that the patents have no research value of their own. Likely no research was done to obtain the patents (the patents are generally acquired before any research is done) and the patents in no way provide any of the information necessary to eliminate the need for research to be done (remember that patents are supposed to promote openness and the sharing of knowledge by providing us with valuable information and especially researched information, but that's not the case here because research was being done on what the patents allegedly cover and so the patents did not provide the information necessary to eliminate any research). The researchers who are being sued likely didn't even see these patents to begin with and were unaware them and so it's unlikely the patents provided any research or other inspiration whatsoever.
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cjstg (profile), 6 Apr 2011 @ 12:08pm

dark ages
i was just struck with the thought of how this situation of ip controls reminds me of the history of the church (and the ruling elite) using religion to control the populous for its own gains. the effect of that was that technology was set back by several hundred years. anyone doing anything that the church disagreed with (didn't benefit them) was labeled heretical and the benefits of those actions taken away. today, instead of being called a heretic people get sued.
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- Justin Olbrantz (Quantam), 6 Apr 2011 @ 12:14pm
  
  Re: dark ages
  You realize copyright was developed as a tool of state censorship long before anybody even cared about the creators, right?
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Andrew, 6 Apr 2011 @ 12:21pm

Their web page (doesn't) say it all
I notice that their web page is effectively blank. They have a home page that says a few "nice" things about research, but every one of their links goes to a page that says:

"Please Excuse Us

We at the AIA are working to update our website and anticipate having the information you've requested avalaible online soon. Please check back later."
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Justin Olbrantz (Quantam), 6 Apr 2011 @ 12:33pm

Damn Thieves
It's leeches like these Alzheimer's researchers that are the whole reason we need the intellectual property system! People who are too stupid and untalented to actually produce anything themselves; they just take and take and take, demanding everything for free, without ever contributing anything to anyone! How will the economy ever survive if intellectual parasites like these are allowed to exist?
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lux (profile), 6 Apr 2011 @ 12:56pm

Amusingly, AIA presents itself as an organization committed to supporting Alzheimer's research, when it appears the organization is more focused on shaking down researchers.

Yet another smugly presented, gross oversimplification of a for-profit company doing what for-profit companies do in the current climate of IP law.
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Christopher (profile), 6 Apr 2011 @ 1:08pm

Question.
Why isn't this kind of patent abuse punishable by death?

-C
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- Nicedoggy, 6 Apr 2011 @ 1:33pm
  
  Re: Question.
  I have a similar question why are we not breaking the law more often to save others?
  
  Maybe technology will enable people to work around those laws by allowing people to telecommute to another lab in another country where laws are not this absurd.
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Nicedoggy, 6 Apr 2011 @ 1:29pm

Can we produce medicine in the house like maybe a garden like this, that seats inside the house?

http://www.tuvie.com/kitchen-nano-garden-serves-excellent-way-to-grow-your-own-vegetables/

Those rodents doesn't seem to difficult to replicate, after all they are mouses and they procreate like rabbits
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weneedhelp (profile), 6 Apr 2011 @ 1:52pm

NO AC's...yet
Hmmmmmm. Appears our usual AC trolls are staying far far away from this one. Maybe they are not that stupid after all? Nahhhh just kidding... they are.
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Tom Landry (profile), 6 Apr 2011 @ 2:36pm

Perhaps some of these people who work at the institute never had to care for a mother who slowly turned into a vegetable unable to talk, feed herself or control her bowels.

its a slow, horribly undignified way to die and it will tear out your heart on a daily basis. Anyone holding up research because of a patent dispute should be made to work in an Alzheimer's ward for a month.

People wonder why I despise Attorneys as much as I do. Tell me how this kind of legal BS helps anyone other than these parasitic pieces of shit and a few greedy clients.
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- Justin Olbrantz (Quantam), 6 Apr 2011 @ 2:52pm
  
  Re:
  Stop your whining! Sacrifices must be made for the greater good (and profits)! The future of creativity, technology, and our capitalistic economy depends on it!
  
  (disclaimer: I'm not an anonymous IP maximalist troll, but I can play one in threads devoid of actual trolls)
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  - Anonymous Coward, 6 Apr 2011 @ 5:31pm
    
    Re: Re:
    Well, I guess someone needs to fill the void.
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The Groove Tiger (profile), 6 Apr 2011 @ 3:44pm

Without this patent, people would have no incentive to develop Alzheimer's.
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- The eejit (profile), 7 Apr 2011 @ 12:22am
  
  Re:
  That's so Bad Taste Bear it's not funny.
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Thomas (profile), 6 Apr 2011 @ 4:07pm

Typical of labs and pharma companies.
They are far more interested in making money than helping people. Pharma would much rather earn huge amounts saving fewer people than earning slightly smaller amounts helping more people. Just shows how corporations have no social conscience anymore; they are strictly slaves to profit and Wall Street.
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Rekrul, 6 Apr 2011 @ 6:10pm

The lab should hold a press conference and get the media to tell the public how the AIA is killing research. Maybe some really bad publicity would convince them to back off.
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Abjectly Terrified, 6 Apr 2011 @ 8:51pm

Apologies, I'm upset.
I took my husband in for a prostate biopsy today, based on a PSA result which, as far as we can tell from many different sources, is indicative and determinative of absolutely jack shit. This result was used to deny him life insurance coverage, so in order to 1) see if there's anything to actually worry about and 2) get a letter from a professional stating he's fine if there isn't and obtain insurance (we hope), he had to endure this humiliating procedure and terrifying situation that came out of literally nowhere...

Who's got the fucking patent on this weapon of mass destruction? Who's turning a buck on making my husband cry?

I was wondering the other day if the nuclear disaster in Japan and its unthinkable effects would suddenly pry a cure for cancer out of a forgotten desk drawer somewhere...or if these monsters will just patent - and sue and hinder and complicate - new bullshit that only treats symptoms, that compliments the not so modern method of butchery that currently exists as the only real solution...

Mice. Fucking mice they'll kill people over.

These are the foxes running the henhouse...no, that's insulting to animals who merely behave out of need...

These are human monsters committing crimes against humanity.
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- The eejit (profile), 7 Apr 2011 @ 12:23am
  
  Re: Apologies, I'm upset.
  Shame we can't get them done for War Crimes.
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staff, 8 Apr 2011 @ 8:04am

innovation
It is not innovation that patents hinder, but the theft of.
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- Justin Olbrantz (Quantam), 8 Apr 2011 @ 7:04pm
  
  Re: innovation
  Thanks for the rubber stamp comment.
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