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30 Biotechnology L. Rep. 1 (2011)

handle is hein.journals/bothnl30 and id is 1 raw text is: Bertram Rowland, 1930-2010

Bertram Rowland, one of the giants of biotechnol-
ogy intellectual property law, died on October 29 of
pancreatic cancer.
He earned a B.S. in chemistry from UCLA, a Ph.D.
in physical organic chemistry from the University of
Washington, and a J.D. from the George Washington
University Law School. He began his patent law ca-
reer attending the evening division of the Washington
Law School while being part of the duPont corporate
Washington training program. During his career, he
worked with numerous law firms, helped found sev-
eral biotechnology companies, and wrote and prose-
cuted more than 500 patents, the most famous of which
is U.S. 4,237,224, known as the Cohen/Boyer cloning
patent, which describes the delivery of foreign DNA
into a cell to confer desirable properties. The patent
has been licensed to more than 450 companies and
reaped $300 million in royalties.
Rowland also wrote and prosecuted U.S. 5,107,065,
disclosing the use of antisense sequences to control
gene expression; 5,061,620, claiming human hemato-
poietic stem cells; and a series of patents (4,471,130;
4,594,439; and 4,900,847) on catalytic asymmetric ex-
poxidation, a critical technique in drug synthesis that
helped earn its coinventor the Nobel Prize for Chem-
istry in 2001.
In a tribute to Rowland published by the George
Washington University Law School, Rowland is quoted
as saying that Cohen initially insisted that the rDNA
technique had no commercial value but that he would

go along with filing a patent if his coworker Boyer
thought that was a good idea. Having agreed to join in,
Cohen then pointed out to Rowland that the technique
could be used, not only in bacteria, as in the initial draft
of the patent, but in eukaryotes and that viruses as well
as plasmids could be used to transfer genetic informa-
tion. The claims expanded during prosecution after the
decision handed down in the Chakrabarty case made it
clear living cells were patentable subject matter, not just
the plasmids. After the patent issued and interest in it
multiplied, Rowland was forced to say that his office
was not a copying service and someone else would have
to make all the photocopies that were being requested.
Initially, this was done by the Stanford University Of-
fice of Technology Licensing, but eventually, the Patent
and Trademark Office was persuaded to open the file
so persons interested in licensing the technology could
make their own copies.
During his career, Rowland was a partner at
Townsend and Townsend and later at Flehr, Hohbach,
Test Albritton & Herbert. He also served as general
counsel for several biotechnology companies and
helped to found several more.
He also loved gardening, hiking (he climbed Mt.
Kilimanjaro when he was 70), and chess.
A memorial is scheduled for 2:00 on November 28
at the Notre Dame de Namur University campus in
Belmont. The family requests that memorial gifts be
made to the Stanford University Oncology Research
Funds rather than being spent on flowers.

1

30 Biotechnology Law Report 1
Number 1, 2011
© Mary Ann Liebert, Inc.
DOI: 10.1089/bir.2011.9981

In Memoriam

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