In the News
Alzheimer's Institute of America, Inc.
Due to the pending litigation in which AIA is unfortunately involved, AIA originally refused to comment when this forum contacted it. Having now seen the resulting article, AIA must respond to correct many of the misstatements and misconceptions reported.
First, AIA has always encouraged academic research using the Swedish mutation. For example, AIA worked with Mayo to ensure that the Tg2576 mice containing the Swedish mutation were widely available to academic researchers. In fact, there are dozens and dozens of academic institutions that are using the Swedish mutation for non-commercial purposes and have never been bothered about it, much less brought to court.
Second, the uses of the Swedish mutation employed by the companies mentioned in the article are categorically different because they are commercial uses. When companies sell products containing the Swedish mutation (such as Jackson Labs' sale of Swedish mutation containing mice) or where the Swedish mutation has been deliberately exploited in for-profit ventures (such as OMRF's use of the Swedish mutation and subsequent spin off of CoMentis, Inc.) or where large pharmaceutical companies (such as Elan and Pfizer) engage in massive drug discovery and development programs using the technology, then AIA is entitled to a license and to share in the potential revenue. AIA made licenses to many of these companies available, and the companies decided to use the technology without a license anyway. When that happens, AIA has no choice but to seek a resolution in court.
Third, the defense of incorrect inventorship is an old tactic pursued by infringers in many patent cases. This case is no different. In this case, Dr. Lannfelt has come up with a new story, despite the fact that he conceded long ago that he was not an inventor on these patents. Dr. Lannfelt's new story is at odds with contemporaneous correspondence from March 1992 (the same month the original patent application was filed) that specifically states that Dr. Lannfelt examined the data and (incorrectly) decided that amyloid was not the gene containing the mutation and that the mutation was actually discovered by Dr. Mullan. Ultimately, however, the issue of inventorship -- like all the other issues in the article -- will be decided in court, not in the media. That is how it should be.