A junior scientist at a university made a major discovery
for a new antibreast cancer drug. With the help of the university’s Offi ce of
Research Development, she applied for a patent and established an agreement
that splits the profi ts between her and the university. The new drug had the
potential for bringing in millions of dollars for both parties. Using venture
capital, the university formed a startup company. The junior scientist and her
department chair were on the board of directors. Other board members included
several university administrators and a few employees of the venture capital
company. The patent was awarded few years later. The startup company still has
not made a profi t, but it is very close to marketing the drug. The junior
scientist, while at a conference, heard that a researcher at another university
has come up with a drug very close in structure to hers, but one that is much
more effective and has fewer side effects. The inventor of the new drug plans
not to patent his drug but instead to place the information in the public
domain. A different group of venture capitalists formed a new company to
manufacture the drug as quickly as possible. The junior scientist, with
prodding from her venture capitalists, is now thinking about challenging the
new company with a lawsuit on the basis of patent infringement. The patent
battle could delay and may eventually prevent the new company from ever
producing the new drug. • What are the COIs in this case? Who has COIs? •
Because NIH funds have not been used for this research, should the NIH and
university COI policies be applied to this case? If so, what impact would these
policies have? • At this point in the case, what should the interested parties
do?
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