WASHINGTON UNIVERSITY v. CATALONA

Nos. 06-2286, 06-2301.

490 F.3d 667 (2007)

WASHINGTON UNIVERSITY, Appellee, v. William J. CATALONA, M.D., Appellant. Washington University, Appellee, v. Richard N. Ward; Thomas A. McGurk, Jr.; Luis Garcia; Antonio Castro; Philip Wilard; Ivan Parron; James D. Ellis; Mike Missios, Appellants. Us Too International; People's Medical Society, Amici on Behalf of Appellants, American Cancer Society; Cornell University; Duke University; Emory University; The George Washington University; Johns Hopkins University; Mayo Clinic; The Board of Trustees of the Leland Stanford Junior University; The University of Michigan; University of Minnesota; The University of Pittsburgh; The University of Rochester; American Council on Education; Association of American Medical Colleges; Association of American Universities, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2007.


Attorney(s) appearing for the Case

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.

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.

Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.


RILEY, Circuit Judge.

We are asked to determine the ownership of biological materials contributed by individuals for the purpose of genetic cancer research and currently housed on the campus of Washington University (WU). WU brought a declaratory judgment action against Dr. William Catalona (Dr. Catalona), a former WU medical school faculty member, seeking to establish WU's ownership of the research biological materials. Dr. Catalona counterclaimed, seeking a declaration...

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