Lawsuit over patented gene

　　CHICAGO--The families of children who died of a ra re degenerative brain disease are suing researchers who used their blood and tissue to identify and patent the gene responsible for the disorder.

　　The families contend the paten has hindered study o f canavan disease, which most commonly afficts children of ashkenazi jewish families whose ancestors lived in e astern and central europe.

　　Their lawsuit in federal court alleges that the res earchers are trying to profit from their children's ill ness and are hindering access to the test for other fam ilies.

　　"This case is the ultimate nightmare of how a gene patent can be used against the very families who made p ossible the discovery of the gene", said Judith Tsipis, a professor of biology at brandeis university.

　　Matalon and the hospital have declined to comment o ne the case.

　　Miami children's hospital then sought to enforce it s patent and charge a $ 25 fee for every test, later lo wered to $12.50, the lawsuit says.

　　As a result, the lawsuit alleges, the canavan found ation was forced to stop offering free genetic screenin g.

　　The planintiffs are seeking damages of more than $7 5,000 from royalties collected from genetic tests cover ed by the patent.

　　From foxnews