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WASHINGTON — The Supreme Court sided with a university Tuesday in a fight with a researcher over who owns human cancer tissue.
The justices without comment let stand lower court rulings that said Washington University in St. Louis owns the tissue. Thousands of patients provided lab specimens to Dr. William J. Catalona before he left the university and moved to Northwestern University in 2003.
Catalona's old university sued after thousands of Catalona's patients asked the institution to send their tissues to the prostate cancer researcher, one of the pre-eminent urologists in the country.
The 8th U.S. Circuit Court of Appeals in St. Louis and a district judge ruled that the patients relinquished all rights to their tissues and said Washington University owned them.
Lawyers for Catalona and seven of his patients who joined him in the court fight say that federally funded institutions are barred from getting research subjects to waive any of their legal rights.
The cases are Catalona v. Washington, 07-525, and Ward v. Washington, 07-521.
© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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