A doctor patented a cell line from John Moore's spleen, and California's Supreme Court ruled that Moore did not own his cells

John Moore was treated for hairy-cell leukaemia at the UCLA Medical Center from 5 October 1976. His physician, David Golde, had his spleen removed on 20 October 1976. Moore, who lived in Seattle, returned to UCLA several times until September 1983, and blood, bone marrow and other samples were taken. He alleged that Golde and the researcher Shirley Quan had planned to use his cells before the surgery and did not tell him. A patent application on a cell line from his cells was filed in 1981. US patent 4,438,032 was issued on 20 March 1984, naming Golde and Quan as inventors and the University of California Regents as owner. Genetics Institute agreed to pay Golde and the Regents at least $330,000 over three years, and Golde received 75,000 shares. Sandoz joined in 1982. Moore's complaint cited forecasts of a $3 billion market for products of such cells. Moore sued. On 9 July 1990 the California Supreme Court held that he had no property interest in his removed cells and could not sue for conversion. It held that a doctor must disclose personal and financial interests, so Moore could sue for lack of informed consent. Two justices dissented. Moore later reached what he called a token settlement covering his legal fees^†.