Scientist sues University of Chicago over Herpes Patent

Submitted 9:55 AM ET July 9, 1999

CHICAGO, July 9 (UPI) A research scientist says her former adviser at the University of Chicago stole her work and patented the vaccine she developed for theherpes simplex virus.

Joany Chou has filed a $25 million suit on Thursday against professor Bernard Roizman and the school, charging she was not given credit for the work, which involved the discovery of a previously unknown gene. In addition to Roizman, the suit also names Aviron, a California company founded by Roizman, and Arch Development Co., the U of C's research arm.

The suit says research from 1982 to 1996 done by Chou, a molecular geneticist, led to the creation of a mutant gene. The vaccine is not yet on the market but the suit claims the defendants stand to make millionsoff the research.

A key patent for the vaccine incorrectly lists Roizman as the sole inventor of the vaccine, which is expected to be used to fight both herpes simplex I and II, and is assigned to Arch, the suit charges. The U of C had no immediate comment on the suit. University spokesman Larry Arbeiter says Roizman is a leading expert on the herpes virus.

_____________________________________________________

If this is true, it says two very important things:
1) A vaccine is on its way that could give peace of mind to the millions of HSV sufferers in the world.
2) A lawsuit might prevent that.

I don't know who is right or wrong in this lawsuit, but it sounds like the research assistant was wronged and should receive credit due to her.  If Dr. Roizman was wrong, he should be big enough to admit it. The bottom line is that this genetic vaccine has all the makings of the much-touted "thereccine" that those already infected with herpes so desire.  Not only will it protect others from the horrible disease, it can aleviate and possibly stop the recurrent outbreaks.

A mutant gene that would code the human body to produce HSV antibodies constantly rather than only during the outbreaks, effectively ending the nightmare that so many who live with herpes experience.

If you have an interest in seeing this vaccine come to market, then contact the University of Chicago, Avrion and the other herpes websites on the Internet to make your voice known.  This is NOT about money or fame, this is about helping those people who are suffering. People who want to start families without the spectre of the virus killing the child.  People who made one mistake and are forced to pay for the rest of their lives.  People who trusted and cared for someone who didn't care for them and lied about having thisdisease.

Not to minimize the damage an adviser that steals from his research assistant can do, but the real victims are all of us that could be denied access to this discovery.  Get the word out across the world!  This should be sooner rather than later!