FOCUS: RETIN-A (Part 2)

It was during that summer, while conducting research at Holmesburg Prison, that Kligman noticed how effectively retinoic acid -- which would later become Retin-A -- could treat severe acne. Kligman filed a patent himself and went directly to J & J with his invention. At the insistence of the company's attorneys, he disclosed his invention to the University late in the summer of 1967. Later that year, the University agreed to relinquish ownership of the patent rights to Kligman as long as the University would be the sole recipient of all royalties. According to the University, Kligman's disclosure letter, sent to a University research administrator in August, 1967, "wrapped the news regarding the invention in a series of misrepresentations." The letter's statements which University lawyers claim were false include: · The invention resulted from work done solely "under the auspices of Clover Laboratories" although Kligman did validation work at HUP. · Kligman "is not a consultant" although he had signed on with J & J as a consultant at the start of that month. · There would be "no personal financial gain" for Kligman although the University would later learn otherwise. · And, the invention is probably not "patentable" although a patent had already issued. Kligman, the University and J & J have hurled bitter accusations back and forth at one another for the past few years -- accusations of deceitfulness and wrongdoings that seem out of place in the world of academia. As of 1990, the University had received about $11 million in Retin-A royalties. While other colleges and universities receive nearly as much in a single year for their patents, this amount already makes the Retin-A patent highly profitable. But this case may show that while every school's stated research mission is to disseminate scientific knowledge for the public good, it is money -- and the need for more of it -- that allows the University to uphold its ideals.

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