Lawsuit of the Day: Patient Claims ‘Cure for Cancer’ Stolen by Doctors
In a complaint filed in Connecticut, a patient claims that she wrote down the cure for cancer while being treated at Hartford Hospital. She says that she gave the cure to her doctor for more research, but now she wants that research to stop — at least until she is able to patent her life saving ideas.
Luckily, she still remembers her cure, and included the formula in her complaint:
So, if you got a spare laboratory lying around, this could be a good weekend project.
The specific relief she is seeking after the jump.
According to the complaint, this whole thing started due to a lack of “resources.”
I gave Doctor Bowers a letter with a configuration, which I indicated I wanted the Dr. and the Hospital to do the research [sic]. That Dr. was in need for resources [sic]. I stated that one of the configuration could possible treat or cure cancer. I express after research that we would agree on a percentage of the profit [sickity sic].
At some point — we don’t know when — the patient became aware of “patent law,” at least a TV version of the subject. This prompted her to request:
I have reason to believe that the research was being transfer out of jurisdiction. I wrote letter to the hospital stopping any further research until I patent the concept.
They’re selling it to the Russians aren’t they?
In the end, all the patient wants is fair consideration for her groundbreaking idea. Her request for relief is simply:
Resolve any dispute involving research, and research results. Also any financial term and percentage.
Unless you have the 10th grade science education lab results to disprove it, don’t sleep on crazy patient lady. Genius is a spark, not a state of mind.
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Comments
Last!!
Second!!!!!
and Last
-the greatest
less crazy cancer lady, moar Jonathan Lee Riches (c).
Stupid is as stupid does.
oxygen doesn't make five bonds. not that i didn't think this woman was stupid before, but still.
Texas hates America like John Walker Lindh
I've already discredited her complain. We all know that women suck at science. There is no way she figured out a cure for cancer. She probably just nagged her doctor so much that he actually cured cancer just to shut her up. Don't pitch the bitch. I don't care if Nancy Sinatra calls you, we don't pitch the bitch.
Incredible. Apparently, it cures venereal disease in addition to cancer. Just add whale shark.
Don't you mean civil complaint? Or can any random loony file a criminal complaint in CT?
"criminal complaint" = EPIC FAIL
10: Good catch. Elie apparently doesn't know the difference between "criminal" and "civil".
criminal complaint?
so much for legal blog run by lawyers.
criminal complaint?
so much for a legal blog run by lawyers.
Elie, I love how you chose to insert (sic) into all of her quotations. I love even more how you (YOU) chose to insert a snarky (sickity sic) to add emphasis to how many mistakes she made. But I love it soooo sickity much that you, the editor in chief, could not even correctly identify all the appropriate places to insert (sic).
Try this... find the three sentences that you did not insert (sic) after and read them realllly carefully.
"+ Ginger extract" ... I knew it!
8 = Larry Summers
I'm interested to learn more about the elements R and Nr, as well as the kind of bond represented with a "+".
"oxygen doesn't make five bonds. not that i didn't think this woman was stupid before, but still. "
Those are not molecular formulae above, don't you see the H2O and plusses? She's actually invented an entirely new chemical notation system, because previous systems could not adequately express the complex brilliance of her cure for cancer. The single lines mean something like "mix these in a blender," and the double lines mean "weld these together." She's going to get like 10 patents just on the notation system alone. Looks like Nobel Prize is gonna be all tied up for the next 5+ years. Gallion Out.
This formula reversed apparently also cures venereal disease, according to her note on the right.
"Oho!' said the pot to the kettle;
"You are dirty and ugly and black!
Sure no one would think you were metal,
Except when you're given a crack."
"Not so! not so! kettle said to the pot;
" 'Tis your own dirty image you see;
For I am so clean -without blemish or blot-
That your blackness is mirrored in me"
I've found the cure for the plague of the 29th century and now I've lost it. YOu ever lost something, like your car keys?
-Suckiest Sean Connery movie ever.
Ellie just wants the cure to Pickle Cell Bulimia
Does anyone think that Al Franken should challenge her jury demand in order to better determine` the intent of the plaintiff. Perhaps she actually didn't want a jury trial but got confused. Maybe she checked both and then scribbled over the one she really wanted for emphasis. I think that this needs to be litigated out.
lols how exactly does a nitrogen with two bonds attain a positive charge? and since when does oxygen form five bonds?? NOTHIRDSUBSHELLP0ANED
Elie,
Your use of "sic" repeatedly now makes bashing of your ridiculous typos fair game. And none of this 'post it and wait for the commenters to point out stupid errors, and then repost 15 minutes later with corrections.'
Your JOB is to WRITE. Don't freeload off of the commenters.
Guys in my high school chemistry class would invent cures for cancer using five oxygen bonds all the time. It was no big deal.
This idiot just needs to get on the ball and file within a year. But, the doctor may need to be added as an inventor.
@18
R and NR are not elements, but rather organic-chemistry shorthand for a side chain. I mean, her use of them looks pretty dopey as a matter of chemistry, but give her some credit for using actual existing notations.
29, yeah she's clearly just copying. she has no understanding of the underlying chemistry, as evidenced by -N- having a + charge and multiple violations of the basic rules of quantum chemistry
30 - yeah I would simply cross examine her with the question, "please explain how this works to the jury". But then again juries are dumb and might not be able to tell that she is bullshitting. Probably why she wanted a jury trial, she would never have a chance to win over any semi-intelligent judge.
this is so crazy - just like that dude who went to the SEC and said WELL RESPECTED bernee madeoff was cheating and who was laughed at...
nothing is EVER just as it seems till it is fuctards
Even under the most liberal theory of enablement, I can't imagine there is anything short of her own discoveries in the field of physical chemistry that she could point to support her invention
@21 - "The raven chides blackness."
Troilus and Cressida
@18 - Uh oh, better look up Lewis diagrams, the concept of valence, and how to notate ionic charge. This lady doesn't know understand to write down formulae all that well, but you apparently know even less.
32, yeah the problem is that what she wrote on the page is garbage. I'm not even going to call it a formula, its just garbage. So I'm going to need you to shut the hell up because this woman is batshit crazy. Thanks, that'd be great.
Let's play patent lawyer. If she were to attempt to patent what she's written down, then:
1) The invention does not satisfy the utility requirement. The claimed compound has no known use, merely speculative or fantastical ones. Game over. If you want to continue...
2) The claimed compound is not enabled because a person having ordinary skill in the art would have no idea how to a) make that 5 part oxygen bond or b) read the new notation system that 19 suggests. I.e. the invention isn't real.
I'm gonna skip the novelty analysis. Cheers.
34 - may understand chemistry (stress may), but failed to study basic writing. See if you can "know understand" that.
she's delusional and totally clueless about science and patent law...
Um ... where are Jones Day compensation letters?
I love how the 'chemical formula' ends with "+ ginger extract."
CRAVATH TO 190K
BITCH SPREAD THE BUTT CHEEKS SO I CAN SMELL THE JUICY INSIDES!
[sickity sic] FTW!
Someone with better chemistry knowledge than me should confirm, but aren't these structures all complex alcohols (note the CH3-OH group)? Perhaps there is a method to (or reason for) her madness after all...
36,
Please put down the patent law treatise you found but apparently don't understand.
1) If we lived in her fantasy world and this compound could be made, if subsequent testing demonstrated it worked to cure cancer, there is utility. There is no requirement that utility be shown prior to writing down or designing a pharmaceutical compound.
2) Enablement is irrelevant in regard to this dispute. She is not claiming this is a patent, so section 112 doesn't apply to the document. All she is claming is that this evidences her conception.
That being said, she is loony for all the aforementioned reasons.
Cheers.
45,
She still has to prove this works.
M.P.E.P. 2107.02(V)
In re Citron, the court held that when an "alleged utility appears to be incredible in the light of the knowledge of the art, or factually misleading, applicant must establish the asserted utility by acceptable proof." 325 F.2d at 253, 139 USPQ at 520. The court approved of the board's decision which affirmed the rejection under 35 U.S.C. 101 "in view of the art knowledge of the lack of a cure for cancer and the absence of any clinical data to substantiate the allegation." 325 F.2d at 252, 139 USPQ at 519.
I mean, of course the Courts will always come out differently for what conception is--I mean, it's one of the flimsiest standards in patenting. Just look at Burroughs -v- Burr. It's not like they did any testing, they could even claim conception on surreptitious incidents of their invention...she could probably pass conception but of course the issue is moot because she would lose everytime in an anticipation dispute
21=racist
47 - She fails at utility.
Her diagrams are faulty, if I remember my chemistry correctly, oxygen can't make 4 covalent bonds unless it's bonded to a metal.
Her diagrams are faulty, if I remember my chemistry correctly, oxygen can't make 4 covalent bonds unless it's bonded to a metal.
Unmentioned fact: MysTTTal is the author of the complaint.
46, the key word is appicant. She is not an applicant and this is not a patent application. She is allowed to show conception through this document if the compound could be made and it worked. Utility has nothing to do with anything until filing, which she has not done. Thus, 36's commentary is irrelevant, as is yours.
Maybe someone already said this (don't have time to read the comments), but those chemical structures make absolutely no sense. -Former chemist, turned lawyer
Screw the chemistry....I WANNA KNOW ABOUT THE TUNNEL IN HER HOUSE IN FLORIDA !!!!
Is she keeping the gasoline in there ??? Lemurs ? Lemurs soaked in gasoline ? How about fire-breathing lemurs living in the tunnel in her Florida basement ??!?!?!
Given the "accuracy rate" for patent examiners...she might actually stand a chance.