Mama Cares V. Nutriset: Sad Case of No Controversy?

May 4, 2010Articles Law360

Shahnam Sharareh and Peter Butch discuss the California-based Mama Cares Foundation and how it filed a declaratory judgment action against Nutriset to invalidate a patent that blocks access to food for the hungry. The article also discusses the controversies surrounding the case.

The article argues no prior case has presented itself with such strong moral and ethical attributes, especially when considering the disaster in Haiti. This case has all the elements for attracting legal and non-legal professionals from all walks of political and economical life to discuss both the good and bad characteristics of an issued patent.

Sharareh and Butch emphasize the anguish among the developing countries for their rightful access to food and medicine. They stress that this argument is especially significant today as humanitarian disasters continue to rattle the world with hunger and famine, and access to medicine calls for more relaxed policies on exclusionary patent rights.