Volume 89, No.2, January-February 2003

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Duke Magazine-Putting a Patent on Research by Dennis Meredith  


As the faculty expands its efforts to commercialize its discoveries, Duke is entering a new era. The boom in partnerships between corporations and academics offers potential problems that, if not wisely managed, could compromise the quality and integrity of university research.

Richard Schneider
Richard Schneider

ne entered the gleaming new headquarters of Cogent Neuroscience by climbing a broad, burnished stainless-steel spiral staircase, ascending each step as a scientist might trace the individual units of a gene along the spiraling DNA double helix. Cogent's metaphorical staircase was apt. The company's ambitious aim was to understand the genetics underlying malfunctioning neural machinery and to develop drugs for a stunning array of neurological disorders, including stroke, traumatic brain injury, and Huntington's, Parkinson's, and Alzheimer's diseases.

But today, Cogent's spacious state-of-the-art laboratories are empty, its sophisticated robot manipulators for genetic experiments sit inert. In developments that exemplify both the pitfalls and the continuing promise of applying Duke discoveries, Cogent closed its doors last October when its funding consortium collapsed.

The company's failure is not one of science but of changing priorities in the venture-capital markets in a weak economy. Founded five years ago, Cogent was based on a startling achievement of Duke neurobiologists Lawrence Katz and Donald Lo. They discovered a way to insert genes efficiently into living slices of rat brain tissue and to persuade the genes actually to switch on. The technique suddenly made possible a drug-screening system that the scientists believe is nothing short of amazing, says Lo. "By putting compounds into the brain cells that would interact with the genes you had introduced, you could make the equivalent of hundreds of thousands of transgenic animals per day, because you are looking at intact brain tissue. So, you retain all the normal physiology and, importantly, you could examine the pathophysiology of neurons in specific disease states, but with all the power of molecular biology and biotechnology behind it."

The Perplexities of Patents The
Perplexities
of Patents
A Taint on Industry-Sponsored Clinical Trials A Taint on
Industry-Sponsored
Clinical Trials

The catch was that when Katz and Lo invented their technique, they realized that a university was not an appropriate place to make use of it. "About a split-second after we understood the importance of the technique, we also realized that there was no academic funding structure or even laboratory structure to exploit it, because so much had to do with scale and production," says Lo. "Thus, it was not compatible with the educational and mentorship mission of the university. You couldn't in clear conscience try to have fifty people in your laboratory working on a project whose intellectual content is relatively low--different than the mentorship you want to provide a graduate student or a postdoctoral fellow."

Katz and Lo enlisted veteran biotech entrepreneur Max Wallace '74 as president and chief executive officer, and together they launched Cogent. Cogent joined an alphabet-soup of other Duke-spawned startups with names like Merix, Norak, StemCo, and Trimeris. In fact, according to Lo, Cogent may soon rise out of its financial ashes, transformed, at least in part, into a nonprofit research institute aimed at continuing its efforts to develop new drugs for neurological disorders.

Richard Schneider
Richard Schneider

Such high-energy, high-promise companies represent a new era of possibilities for Duke research, say administrators. These startups, and the other burgeoning corporate collaborations with faculty scientists and engineers, constitute the only way that the university can ensure that its basic discoveries and knowledge benefit society. In fact, despite the perils facing such startups as Cogent, Duke leaders see this growing entrepreneurial spirit as critical for the continued vitality of the university's research and teaching. Yet they also caution that the boom in partnerships between corporations and Duke academics could present problems that, if not wisely managed, could compromise the quality and integrity of the university's research mission and programs.

Among the nation's research universities, Duke is a relative latecomer to the arena of high-tech startups; in fact, it has only recently begun to make a concerted effort to commercialize its discoveries. "One reason we haven't had a lot of spectacular commercial successes is that venture capital is relatively new to our geographical area," says Robert Taber, director of Duke's Office of Science and Technology, which was established in 1993. According to Taber, the local venture-capital scene has changed drastically over the past five years, with funds under management growing from about $50 million to more than $400 million today. "Such venture capital leads to companies," he says, "and you need a home-grown source, since people are not going to come here from California to start a company."

" The second reason for our relatively few commercial successes to date is that Duke's research mandate has been largely biomedical, and developing a product from basic biomedical research takes longer," says Taber. "A decade between discovery and product is not unusual, given the lengthy approval process required by the Food and Drug Administration for drugs and medical devices."

However, Duke has become an entrepreneurial player, as evidenced by both licensing income and startup companies. Licensing revenue from Duke patents has climbed from $1.5 million in 1999 to $4.1 million in 2000 to $5.7 million in 2001. Duke discoveries, mainly biomedical, have spawned some twenty-two companies, and eleven others are now in development. Duke holds an equity position in all of them.

Amidst this explosive growth of startups, collaborations, and corporate consulting, Duke's leaders remain acutely aware of the potential for problems. Chief among them is conflict of interest, as evidenced by recent developments at other institutions. In 1999, for example, a University of Pennsylvania trial of gene therapy for a rare metabolic disorder went tragically awry when teenager Jesse Gelisinger died after the experimental treatment. The government ruled that federal research guidelines were not followed. Critics of the study worry that the trial might have been influenced by the fact that the lead investigator was a co-founder and major stockholder in the company that supported his laboratory. Also, Penn held an equity stake in the company.

And in 2002, it was reported that M.D. Anderson Center in Houston failed to inform patients enrolled in trials of an experimental cancer drug that the institution's president held a major financial interest in the product. While there was no evidence that the trials were affected, the center acknowledged that it should have informed patients. It has adopted strict new policies to avoid such problems in the future.

Multiple surveys of clinical trial results over the last few years have found that those sponsored by companies producing the drug being tested tend to show more favorable results than independently funded studies. Reviewing these surveys, Thomas Bodenheimer, a clinical professor at the University of California at San Francisco, said, "The evidence I have...makes a reasonable case that scientific misconduct does take place in clinical drug trials, that conflict of interest is a risk factor for scientific misconduct, and that something must be done about it."

Quoted in The Washington Post, Bodenheimer told an August 2000 National Institutes of Health conference on academic-corporate ties, "Pharmaceutical companies--with a little help from their friends in academia and the NIH--have created products of great benefit to the world. This activity must continue. But to reduce the risk of scientific misconduct, investigators and authors need greater independence from their funders."

Bodenheimer cites as an example a 1999 study in the Journal of the American Medical Association analyzing forty-four articles that explored the economics of cancer drugs. According to the analysis, only 5 percent of the drug-company-funded studies offered conclusions unfavorable to the companies' products; 38 percent of those with no industry funding reached unfavorable conclusions.

And in a 1996 study, Mildred Cho and colleagues at the Stanford Center for Biomedical Ethics found that 98 percent of company-sponsored drug studies published in peer-reviewed journals or in symposium proceedings between 1980 and 1989 reported that new therapies were more effective than standard drugs. In comparison, only 79 percent of studies without industry financing found that the new drug was more effective.

" Can you imagine an election in which someone gets 98 percent of the vote?" Bodenheimer asked in an article he wrote on conflict of interest. "I guess if you pay for the votes, it's possible. It seems likely that some of these trials were designed to favor the sponsor, or the data were analyzed to favor the sponsor, or the trials were written to favor the sponsor, or the trials that didn't favor the sponsor were not published."

Some policy experts would ban any financial involvement of researchers with companies whose drugs they are testing. "I'm not comfortable with scientists' owning substantial equity in small firms that are sponsoring their clinical research," David Blumenthal, director of the Institute for Health Policy at Massachusetts General Hospital, told The New York Times. "I think it creates a conflict of interest, and the conflict is particularly difficult to justify in cases where patients' welfare may be affected."

To Sandy Williams M.D. '74, dean of Duke's medical school, the key to avoiding conflict-of-interest problems is preparation. "My view is that conflicts of interest are inevitable," he says. "Powerful conflicts potentially exist even in a school that has no contact with industry. Our academic reward system creates conflicts of interest even when it has nothing to do with personal profit.

" These conflicts need to be managed, and the first step is to require complete disclosure," he continues. "I believe we do have policies in place that protect us from the dark side of conflict-of-interest problems."

Nevertheless, Williams and his colleagues are all too aware of the professional pitfalls of corporate involvement. "I know of sad circumstances where excellent scientists have wrecked their careers by the failed pursuit of commercial interests that stemmed from their discoveries," he says. "What's needed is knowledge and good counseling, particularly at the early stages of their lives, for faculty members who make discoveries they believe have practical value.".

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