It's four years and $540,000 later.
A federal appeals court ruled on Nov. 9 the University has ownership of a discovery made years ago by Galen Knight, former staff member, and Terence Scallen, professor emeritus. The state District Court ruled in UNM's favor twice, and the decision was upheld twice.
The discovery involved compounds that have chemicals known to reduce certain kinds of tumors in cancer patients. They work by increasing the immune system response to take out the tumors. But they have not been through many human trials.
"These cures have been observed in animals, which vary in size from mice to horses," Scallen said. "There's every reason to believe they will work in humans."
But Nick Estes, University counsel emeritus, said further development is needed.
This is the third time UNM entered litigation with its scientists. Most lawsuits at UNM are covered by state risk management, but in terms of legal expenses paid directly by UNM, this one is the longest and most expensive of its kind.
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"Neither of the others have been anywhere near as extensive as this one," Estes said.
The scientists claimed two compounds, beta-alethine and vitaletheine, were eliminated after the discovery was licensed to Dovetail Technologies Inc. in 1994.
Estes said the company found the descriptions of the compounds were not accurate, but the inventors would never agree.
According to the court decision, Scallen and Knight breached their obligation to assign the inventions to the University, which has rights to all inventions discovered at UNM. Writings typically belong to the individual.
Scallen said the arrangement has not worked and caused a lot of difficulty. He said universities should consider shared ownership for inventions.
The scientists will have to pay the University about $64,000 in legal expenses.
The scientists could ask the United States Supreme Court to review the decision.
"They are rarely granted," Estes said. "As a practical matter, this is probably the end of the litigation."
But Scallen vowed he would find a way to get the discovery out to the community - with or without the University's involvement.
"I'm not going to let a single court decision prevent me from getting this into patients," he said.
This particular phase is over, Scallen said, but he plans to look into the licensing agreement the University has with Dovetail later.
Dovetail scientists will take over work done with the discovery.
If the development is stalled further, Scallen said it will be an immense tragedy for cancer patients.
He said he is unaware of anything that is being used to treat cancer that has anywhere near the potency of this discovery.
Faculty and staff who make discoveries are entitled to royalties once the product is on the market, and UNM has recovered legal expenses.
Scallen said he doesn't care about the money.
"I've had my relatives die of cancer and my friend across the street," he said. "I'm just sick and tired of people dying of cancer."
