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Association for Molecular Pathology V. Myriad Genetics, Inc.
Supreme Court 2013
Bitlaw Summary and Analysis
The Supreme Court analyzed the patentability of gene sequencing inventions under Section 101. The court found that isolating naturally occurring gene fragments did not result in the invention of anything that was not found in nature. This is true even though "isolating DNA from the human genome severs chemical bonds and thereby creates a nonnaturally occurring molecule." Thus, these gene fragments were not patent eligible under section 101. In contrast, the creation of a cDNA sequence from mRNA results in an exons-only molecule that is not naturally occurring. As a result, the cDNA sequence molecule was patent eligible subject matter. Justice Thomas delivered the opinion of the court. Justice Scalia wrote a second opinion, concurring in part and concurring in the judgment.
ASSOCIATION FOR MOLECULAR PATHOLOGY et al., PETITIONER,
MYRIAD GENETICS, INC. et al.
No. 12-398.
Supreme Court of the United States.
Justice THOMAS delivered the opinion of the Court.
Respondent Myriad Genetics, Inc. (Myriad), discovered the precise location and [2111] sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery. This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U.S.C. § 101 by virtue of its isolation from the rest of the human genome. We also address the patent eligibility of synthetically created DNA known as complementary DNA (cDNA), which contains the same protein-coding information found in a segment of natural DNA but omits portions within the DNA segment that do not code for proteins. For the reasons that follow, we hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring. We, therefore, affirm in part and reverse in part the decision of the United States Court of Appeals for the Federal Circuit.
Genes form the basis for hereditary traits in living organisms. See generally Association for Molecular Pathology v. United States Patent and Trademark Office, 702 F.Supp.2d 181, 192-211 (S.D.N.Y. 2010). The human genome consists of approximately 22,000 genes packed into 23 pairs of chromosomes. Each gene is encoded as DNA, which takes the shape of the familiar "double helix" that Doctors James Watson and Francis Crick first described in 1953. Each "cross-bar" in the DNA helix consists of two chemically joined nucleotides. The possible nucleotides are adenine (A), thymine (T), cytosine (C), and guanine (G), each of which binds naturally with another nucleotide: A pairs with T; C pairs with G. The nucleotide cross-bars are chemically connected to a sugar-phosphate backbone that forms the outside framework of the DNA helix. Sequences of DNA nucleotides contain the information necessary to create strings of amino acids, which in turn are used in the body to build proteins. Only some DNA nucleotides, however, code for amino acids; these nucleotides are known as "exons." Nucleotides that do not code for amino acids, in contrast, are known as "introns."
Creation of proteins from DNA involves two principal steps, known as transcription and translation. In transcription, the bonds between DNA nucleotides separate, and the DNA helix unwinds into two single strands. A single strand is used as a template to create a complementary ribonucleic acid (RNA) strand. The nucleotides on the DNA strand pair naturally with their counterparts, with the exception that RNA uses the nucleotide base uracil (U) instead of thymine (T). Transcription results in a single strand RNA molecule, known as pre-RNA, whose nucleotides form an inverse image of the DNA strand from which it was created. Pre-RNA still contains nucleotides corresponding to both the exons and introns in the DNA molecule. The pre-RNA is then naturally "spliced" by the physical removal of the introns. The resulting product is a strand of RNA that contains nucleotides corresponding only to the exons from the original DNA strand. The exons-only strand is known as messenger RNA (mRNA), which creates amino acids through translation. In translation, cellular structures known as ribosomes read each set of three nucleotides, known as codons, in the mRNA. Each codon either tells the ribosomes which of the 20 possible amino acids to synthesize or provides a stop signal that ends amino acid production.
[2112] DNA's informational sequences and the processes that create mRNA, amino acids, and proteins occur naturally within cells. Scientists can, however, extract DNA from cells using well known laboratory methods. These methods allow scientists to isolate specific segments of DNA — for instance, a particular gene or part of a gene — which can then be further studied, manipulated, or used. It is also possible to create DNA synthetically through processes similarly well known in the field of genetics. One such method begins with an mRNA molecule and uses the natural bonding properties of nucleotides to create a new, synthetic DNA molecule. The result is the inverse of the mRNA's inverse image of the original DNA, with one important distinction: Because the natural creation of mRNA involves splicing that removes introns, the synthetic DNA created from mRNA also contains only the exon sequences. This synthetic DNA created in the laboratory from mRNA is known as complementary DNA (cDNA).
Changes in the genetic sequence are called mutations. Mutations can be as small as the alteration of a single nucleotide — a change affecting only one letter in the genetic code. Such small-scale changes can produce an entirely different amino acid or can end protein production altogether. Large changes, involving the deletion, rearrangement, or duplication of hundreds or even millions of nucleotides, can result in the elimination, misplacement, or duplication of entire genes. Some mutations are harmless, but others can cause disease or increase the risk of disease. As a result, the study of genetics can lead to valuable medical breakthroughs.
This case involves patents filed by Myriad after it made one such medical breakthrough. Myriad discovered the precise location and sequence of what are now known as the BRCA1 and BRCA2 genes. Mutations in these genes can dramatically increase an individual's risk of developing breast and ovarian cancer. The average American woman has a 12- to 13-percent risk of developing breast cancer, but for women with certain genetic mutations, the risk can range between 50 and 80 percent for breast cancer and between 20 and 50 percent for ovarian cancer. Before Myriad's discovery of the BRCA1 and BRCA2 genes, scientists knew that heredity played a role in establishing a woman's risk of developing breast and ovarian cancer, but they did not know which genes were associated with those cancers.
Myriad identified the exact location of the BRCA1 and BRCA2 genes on chromosomes 17 and 13. Chromosome 17 has approximately 80 million nucleotides, and chromosome 13 has approximately 114 million. Association for Molecular Pathology v. United States Patent and Trademark Office, 689 F.3d 1303, 1328 (C.A.Fed.2012). Within those chromosomes, the BRCA1 and BRCA2 genes are each about 80,000 nucleotides long. If just exons are counted, the BRCA1 gene is only about 5,500 nucleotides long; for the BRCA2 gene, that number is about 10,200. Ibid. Knowledge of the location of the BRCA1 and BRCA2 genes allowed Myriad to determine their typical nucleotide sequence.[1] That information, in turn, enabled Myriad to develop medical tests that are useful for detecting mutations in a patient's BRCA1 and BRCA2 genes and thereby assessing [2113] whether the patient has an increased risk of cancer.
Once it found the location and sequence of the BRCA1 and BRCA2 genes, Myriad sought and obtained a number of patents. Nine composition claims from three of those patents are at issue in this case.[2] See id., at 1309, and n. 1 (noting composition claims). Claims 1, 2, 5, and 6 from the '282 patent are representative. The first claim asserts a patent on "[a]n isolated DNA coding for a BRCA1 polypeptide," which has "the amino acid sequence set forth in SEQ ID NO:2." App. 822. SEQ ID NO:2 sets forth a list of 1,863 amino acids that the typical BRCA1 gene encodes. See id., at 785-790. Put differently, claim 1 asserts a patent claim on the DNA code that tells a cell to produce the string of BRCA1 amino acids listed in SEQ ID NO:2.
Claim 2 of the '282 patent operates similarly. It claims "[t]he isolated DNA of claim 1, wherein said DNA has the nucleotide sequence set forth in SEQ ID NO:1." Id., at 822. Like SEQ ID NO:2, SEQ ID NO:1 sets forth a long list of data, in this instance the sequence of cDNA that codes for the BRCA1 amino acids listed in claim 1. Importantly, SEQ ID NO:1 lists only the cDNA exons in the BRCA1 gene, rather than a full DNA sequence containing both exons and introns. See id., at 779 (stating that SEQ ID NO:1's "MOLECULE TYPE:" is "cDNA"). As a result, the Federal Circuit recognized that claim 2 asserts a patent on the cDNA nucleotide sequence listed in SEQ ID NO:1, which codes for the typical BRCA1 gene. 689 F.3d, at 1326, n. 9; id., at 1337 (Moore, J., concurring in part); id., at 1356 (Bryson, J., concurring in part and dissenting in part).
Claim 5 of the '282 patent claims a subset of the data in claim 1. In particular, it claims "[a]n isolated DNA having at least 15 nucleotides of the DNA of claim 1." App. 822. The practical effect of claim 5 is to assert a patent on any series of 15 nucleotides that exist in the typical BRCA1 gene. Because the BRCA1 gene is thousands of nucleotides long, even BRCA1 genes with substantial mutations are likely to contain at least one segment of 15 nucleotides that correspond to the typical BRCA1 gene. Similarly, claim 6 of the '282 patent claims "[a]n isolated DNA having at least 15 nucleotides of the DNA of claim 2." Ibid. This claim operates similarly to claim 5, except that it references the cDNA-based claim 2. The remaining claims at issue are similar, though several list common mutations rather than typical BRCA1 and BRCA2 sequences. See ibid. (claim 7 of the '282 patent); id., at 930 (claim 1 of the '473 patent); id., at 1028 (claims 1, 6, and 7 of the '492 patent).
Myriad's patents would, if valid, give it the exclusive right to isolate an individual's BRCA1 and BRCA2 genes (or any strand of 15 or more nucleotides within the genes) by breaking the covalent bonds that connect the DNA to the rest of the individual's genome. The patents would also give Myriad the exclusive right to synthetically create BRCA cDNA. In Myriad's view, manipulating BRCA DNA in either of these fashions triggers its "right to exclude others from making" its patented composition of matter under the Patent Act. 35 U.S.C. § 154(a)(1); see also § 271(a) ("[W]hoever without authority [2114] makes ... any patented invention ... infringes the patent").
But isolation is necessary to conduct genetic testing, and Myriad was not the only entity to offer BRCA testing after it discovered the genes. The University of Pennsylvania's Genetic Diagnostic Laboratory (GDL) and others provided genetic testing services to women. Petitioner Dr. Harry Ostrer, then a researcher at New York University School of Medicine, routinely sent his patients' DNA samples to GDL for testing. After learning of GDL's testing and Ostrer's activities, Myriad sent letters to them asserting that the genetic testing infringed Myriad's patents. App. 94-95 (Ostrer letter). In response, GDL agreed to stop testing and informed Ostrer that it would no longer accept patient samples. Myriad also filed patent infringement suits against other entities that performed BRCA testing, resulting in settlements in which the defendants agreed to cease all allegedly infringing activity. 689 F.3d, at 1315. Myriad, thus, solidified its position as the only entity providing BRCA testing.
Some years later, petitioner Ostrer, along with medical patients, advocacy groups, and other doctors, filed this lawsuit seeking a declaration that Myriad's patents are invalid under 35 U.S.C. § 101. 702 F.Supp.2d, at 186. Citing this Court's decision in MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 127 S.Ct. 764, 166 L.Ed.2d 604 (2007), the District Court denied Myriad's motion to dismiss for lack of standing. Association for Molecular Pathology v. United States Patent and Trademark Office, 669 F.Supp.2d 365, 385-392 (S.D.N.Y.2009). The District Court then granted summary judgment to petitioners on the composition claims at issue in this case based on its conclusion that Myriad's claims, including claims related to cDNA, were invalid because they covered products of nature. 702 F.Supp.2d, at 220-237. The Federal Circuit reversed, Association for Molecular Pathology v. United States Patent and Trademark Office, 653 F.3d 1329 (2011), and this Court granted the petition for certiorari, vacated the judgment, and remanded the case in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___, 132 S.Ct. 1289, 182 L.Ed.2d 321 (2012). See Association for Molecular Pathology v. Myriad Genetics, Inc., 566 U.S. ___, 133 S.Ct. 694, 184 L.Ed.2d 496 (2012).
On remand, the Federal Circuit affirmed the District Court in part and reversed in part, with each member of the panel writing separately. All three judges agreed that only petitioner Ostrer had standing. They reasoned that Myriad's actions against him and his stated ability and willingness to begin BRCA1 and BRCA2 testing if Myriad's patents were invalidated were sufficient for Article III standing. 689 F.3d, at 1323; id., at 1337 (opinion of Moore, J.); id., at 1348 (opinion of Bryson, J.).
With respect to the merits, the court held that both isolated DNA and cDNA were patent eligible under § 101. The central dispute among the panel members was whether the act of isolating DNA — separating a specific gene or sequence of nucleotides from the rest of the chromosome — is an inventive act that entitles the individual who first isolates it to a patent. Each of the judges on the panel had a different view on that question. Judges Lourie and Moore agreed that Myriad's claims were patent eligible under § 101 but disagreed on the rationale. Judge Lourie relied on the fact that the entire DNA molecule is held together by chemical bonds and that the covalent bonds at both ends of the segment must be severed in order to isolate segments of DNA. This [2115] process technically creates new molecules with unique chemical compositions. See id., at 1328 ("Isolated DNA ... is a free-standing portion of a larger, natural DNA molecule. Isolated DNA has been cleaved (i.e., had covalent bonds in its backbone chemically severed) or synthesized to consist of just a fraction of a naturally occurring DNA molecule"). Judge Lourie found this chemical alteration to be dispositive, because isolating a particular strand of DNA creates a nonnaturally occurring molecule, even though the chemical alteration does not change the informationtransmitting quality of the DNA. See id., at 1330 ("The claimed isolated DNA molecules are distinct from their natural existence as portions of larger entities, and their informational content is irrelevant to that fact. We recognize that biologists may think of molecules in terms of their uses, but genes are in fact materials having a chemical nature"). Accordingly, he rejected petitioners' argument that isolated DNA was ineligible for patent protection as a product of nature.
Judge Moore concurred in part but did not rely exclusively on Judge Lourie's conclusion that chemically breaking covalent bonds was sufficient to render isolated DNA patent eligible. Id., at 1341 ("To the extent the majority rests its conclusion on the chemical differences between [naturally occurring] and isolated DNA (breaking the covalent bonds), I cannot agree that this is sufficient to hold that the claims to human genes are directed to patentable subject matter"). Instead, Judge Moore also relied on the United States Patent and Trademark Office's (PTO) practice of granting such patents and on the reliance interests of patent holders. Id., at 1343. However, she acknowledged that her vote might have come out differently if she "were deciding this case on a blank canvas." Ibid.
Finally, Judge Bryson concurred in part and dissented in part, concluding that isolated DNA is not patent eligible. As an initial matter, he emphasized that the breaking of chemical bonds was not dispositive: "[T]here is no magic to a chemical bond that requires us to recognize a new product when a chemical bond is created or broken." Id., at 1351. Instead, he relied on the fact that "[t]he nucleotide sequences of the claimed molecules are the same as the nucleotide sequences found in naturally occurring human genes." Id., at 1355. Judge Bryson then concluded that genetic "structural similarity dwarfs the significance of the structural differences between isolated DNA and naturally occurring DNA, especially where the structural differences are merely ancillary to the breaking of covalent bonds, a process that is itself not inventive." Ibid. Moreover, Judge Bryson gave no weight to the PTO's position on patentability because of the Federal Circuit's position that "the PTO lacks substantive rulemaking authority as to issues such as patentability." Id., at 1357.
Although the judges expressed different views concerning the patentability of isolated DNA, all three agreed that patent claims relating to cDNA met the patent eligibility requirements of § 101. Id., at 1326, and n. 9 (recognizing that some patent claims are limited to cDNA and that such claims are patent eligible under § 101); id., at 1337 (Moore, J., concurring in part); id., at 1356 (Bryson, J., concurring in part and dissenting in part) ("cDNA cannot be isolated from nature, but instead must be created in the laboratory... because the introns that are found in the native gene are removed from the cDNA segment").[3] We granted certiorari. [2116] 568 U.S. ___, 133 S.Ct. 694, 184 L.Ed.2d 496 (2012).
Section 101 of the Patent Act provides:
"Whoever invents or discovers any new and useful ... composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title." 35 U.S.C. § 101.
We have "long held that this provision contains an important implicit exception[:] Laws of nature, natural phenomena, and abstract ideas are not patentable." Mayo, 566 U.S., at ___, 132 S.Ct., at 1293 (internal quotation marks and brackets omitted). Rather, "`they are the basic tools of scientific and technological work'" that lie beyond the domain of patent protection. Id., at ___, 132 S.Ct., at 1293. As the Court has explained, without this exception, there would be considerable danger that the grant of patents would "tie up" the use of such tools and thereby "inhibit future innovation premised upon them." Id., at ___, 132 S.Ct., at 1301. This would be at odds with the very point of patents, which exist to promote creation. Diamond v. Chakrabarty, 447 U.S. 303, 309, 100 S.Ct. 2204, 65 L.Ed.2d 144 (1980) (Products of nature are not created, and "`manifestations... of nature [are] free to all men and reserved exclusively to none'").
The rule against patents on naturally occurring things is not without limits, however, for "all inventions at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas," and "too broad an interpretation of this exclusionary principle could eviscerate patent law." 566 U.S., at ___, 132 S.Ct., at 1293. As we have recognized before, patent protection strikes a delicate balance between creating "incentives that lead to creation, invention, and discovery" and "imped[ing] the flow of information that might permit, indeed spur, invention." Id., at ___, 132 S.Ct., at 1305. We must apply this well-established standard to determine whether Myriad's patents claim any "new and useful ... composition of matter," § 101, or instead claim naturally occurring phenomena.
It is undisputed that Myriad did not create or alter any of the genetic information encoded in the BRCA1 and BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them. Nor did Myriad create or alter the genetic structure of DNA. Instead, Myriad's principal contribution was uncovering the precise location and genetic sequence of the BRCA1 and BRCA2 genes within chromosomes 17 and 13. The question is whether this renders the genes patentable.
Myriad recognizes that our decision in Chakrabarty is central to this inquiry. Brief for Respondents 14, 23-27. In Chakrabarty, scientists added four plasmids to a bacterium, which enabled it to break down various components of crude oil. 447 U.S., at 305, and n. 1, 100 S.Ct. 2204. The Court held that the modified bacterium was patentable. It explained [2117] that the patent claim was "not to a hitherto unknown natural phenomenon, but to a nonnaturally occurring manufacture or composition of matter — a product of human ingenuity `having a distinctive name, character [and] use.'" Id., at 309-310, 100 S.Ct. 2204 (quoting Hartranft v. Wiegmann, 121 U.S. 609, 615, 7 S.Ct. 1240, 30 L.Ed. 1012 (1887); alteration in original). The Chakrabarty bacterium was new "with markedly different characteristics from any found in nature," 447 U.S., at 310, 100 S.Ct. 2204, due to the additional plasmids and resultant "capacity for degrading oil." Id., at 305, n. 1, 100 S.Ct. 2204. In this case, by contrast, Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.
Groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the § 101 inquiry. In Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 68 S.Ct. 440, 92 L.Ed. 588 (1948), this Court considered a composition patent that claimed a mixture of naturally occurring strains of bacteria that helped leguminous plants take nitrogen from the air and fix it in the soil. Id., at 128-129, 68 S.Ct. 440. The ability of the bacteria to fix nitrogen was well known, and farmers commonly "inoculated" their crops with them to improve soil nitrogen levels. But farmers could not use the same inoculant for all crops, both because plants use different bacteria and because certain bacteria inhibit each other. Id., at 129-130, 68 S.Ct. 440. Upon learning that several nitrogen-fixing bacteria did not inhibit each other, however, the patent applicant combined them into a single inoculant and obtained a patent. Id., at 130, 68 S.Ct. 440. The Court held that the composition was not patent eligible because the patent holder did not alter the bacteria in any way. Id., at 132, 68 S.Ct. 440 ("There is no way in which we could call [the bacteria mixture a product of invention] unless we borrowed invention from the discovery of the natural principle itself"). His patent claim thus fell squarely within the law of nature exception. So do Myriad's. Myriad found the location of the BRCA1 and BRCA2 genes, but that discovery, by itself, does not render the BRCA genes "new ... composition[s] of matter," § 101, that are patent eligible.
Indeed, Myriad's patent descriptions highlight the problem with its claims. For example, a section of the '282 patent's Detailed Description of the Invention indicates that Myriad found the location of a gene associated with increased risk of breast cancer and identified mutations of that gene that increase the risk. See App. 748-749.[4] In subsequent language Myriad explains that the location of the gene was unknown until Myriad found it among the approximately eight million nucleotide pairs contained in a subpart of chromosome [2118] 17. See Ibid.[5] The '473 and '492 patents contain similar language as well. See id., at 854, 947. Many of Myriad's patent descriptions simply detail the "iterative process" of discovery by which Myriad narrowed the possible locations for the gene sequences that it sought.[6] See, e.g., id., at 750. Myriad seeks to import these extensive research efforts into the § 101 patent-eligibility inquiry. Brief for Respondents 8-10, 34. But extensive effort alone is insufficient to satisfy the demands of § 101.
Nor are Myriad's claims saved by the fact that isolating DNA from the human genome severs chemical bonds and thereby creates a nonnaturally occurring molecule. Myriad's claims are simply not expressed in terms of chemical composition, nor do they rely in any way on the chemical changes that result from the isolation of a particular section of DNA. Instead, the claims understandably focus on the genetic information encoded in the BRCA1 and BRCA2 genes. If the patents depended upon the creation of a unique molecule, then a would-be infringer could arguably avoid at least Myriad's patent claims on entire genes (such as claims 1 and 2 of the '282 patent) by isolating a DNA sequence that included both the BRCA1 or BRCA2 gene and one additional nucleotide pair. Such a molecule would not be chemically identical to the molecule "invented" by Myriad. But Myriad obviously would resist that outcome because its claim is concerned primarily with the information contained in the genetic sequence, not with the specific chemical composition of a particular molecule.
Finally, Myriad argues that the PTO's past practice of awarding gene patents is entitled to deference, citing J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124, 122 S.Ct. 593, 151 L.Ed.2d 508 (2001). See Brief for Respondents 35-39, 49-50. We disagree. J.E.M. held that new plant breeds were eligible for utility patents under § 101 notwithstanding separate statutes providing special protections for plants, see 7 U.S.C. § 2321 et seq. (Plant Variety Protection Act); 35 U.S.C. §§ 161-164 (Plant Patent Act of 1930). After analyzing the text and structure of the relevant statutes, the Court mentioned that the Board of Patent Appeals and Interferences had determined that new plant breeds were patent eligible under § 101 and that Congress had recognized and endorsed that position in a subsequent Patent Act amendment. 534 U.S., at 144-145, 122 S.Ct. 593 (citing In re Hibberd, 227 U.S.P.Q. 443 (1985) and 35 U.S.C. § 119(f)). In this case, however, Congress has not endorsed the views of the PTO in subsequent legislation. While Myriad relies on Judge Moore's view that Congress endorsed the PTO's position in a single sentence in the Consolidated Appropriations Act of 2004, see Brief for Respondents 31, n. 8; 689 F.3d, at 1346, that Act does not even mention genes, much [2119] less isolated DNA. § 634, 118 Stat. 101 ("None of the funds appropriated or otherwise made available under this Act may be used to issue patents on claims directed to or encompassing a human organism").
Further undercutting the PTO's practice, the United States argued in the Federal Circuit and in this Court that isolated DNA was not patent eligible under § 101, Brief for United States as Amicus Curiae 20-33, and that the PTO's practice was not "a sufficient reason to hold that isolated DNA is patent-eligible." Id., at 26. See also id., at 28-29. These concessions weigh against deferring to the PTO's determination.[7]
cDNA does not present the same obstacles to patentability as naturally occurring, isolated DNA segments. As already explained, creation of a cDNA sequence from mRNA results in an exons-only molecule that is not naturally occurring.[8] Petitioners concede that cDNA differs from natural DNA in that "the non-coding regions have been removed." Brief for Petitioners 49. They nevertheless argue that cDNA is not patent eligible because "[t]he nucleotide sequence of cDNA is dictated by nature, not by the lab technician." Id., at 51. That may be so, but the lab technician unquestionably creates something new when cDNA is made. cDNA retains the naturally occurring exons of DNA, but it is distinct from the DNA from which it was derived. As a result, cDNA is not a "product of nature" and is patent eligible under § 101, except insofar as very short series of DNA may have no intervening introns to remove when creating cDNA. In that situation, a short strand of cDNA may be indistinguishable from natural DNA.[9]
It is important to note what is not implicated by this decision. First, there are no method claims before this Court. Had Myriad created an innovative method of manipulating genes while searching for the BRCA1 and BRCA2 genes, it could possibly have sought a method patent. But the processes used by Myriad to isolate DNA were well understood by geneticists at the time of Myriad's patents "were well understood, widely used, and fairly uniform insofar [2120] as any scientist engaged in the search for a gene would likely have utilized a similar approach," 702 F.Supp.2d, at 202-203, and are not at issue in this case.
Similarly, this case does not involve patents on new applications of knowledge about the BRCA1 and BRCA2 genes. Judge Bryson aptly noted that, "[a]s the first party with knowledge of the [BRCA1 and BRCA2] sequences, Myriad was in an excellent position to claim applications of that knowledge. Many of its unchallenged claims are limited to such applications." 689 F.3d, at 1349.
Nor do we consider the patentability of DNA in which the order of the naturally occurring nucleotides has been altered. Scientific alteration of the genetic code presents a different inquiry, and we express no opinion about the application of § 101 to such endeavors. We merely hold that genes and the information they encode are not patent eligible under § 101 simply because they have been isolated from the surrounding genetic material.
* * *
For the foregoing reasons, the judgment of the Federal Circuit is affirmed in part and reversed in part.
It is so ordered.
Justice SCALIA, concurring in part and concurring in the judgment.
I join the judgment of the Court, and all of its opinion except Part I-A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.
[1] Technically, there is no "typical" gene because nucleotide sequences vary between individuals, sometimes dramatically. Geneticists refer to the most common variations of genes as "wild types."
[2] At issue are claims 1, 2, 5, 6, and 7 of U.S. Patent 5,747,282 (the '282 patent), claim 1 of U.S. Patent 5,693,473 (the '473 patent), and claims 1, 6, and 7 of U.S. Patent 5,837,492 (the '492 patent).
[3] Myriad continues to challenge Dr. Ostrer's Declaratory Judgment Act standing in this Court. Brief for Respondents 17-22. But we find that, under the Court's decision in MedImmune, Inc. v. Genentech, Inc., Dr. Ostrer has alleged sufficient facts "under all the circumstances, [to] show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." 549 U.S. 118, 127, 127 S.Ct. 764, 166 L.Ed.2d 604 (2007) (internal quotation marks omitted).
[4] The full relevant text of the Detailed Description of the Patent is as follows:
"It is a discovery of the present invention that the BRCA1 locus which predisposes individuals to breast cancer and ovarian cancer, is a gene encoding a BRCA1 protein, which has been found to have no significant homology with known protein or DNA sequences.... It is a discovery of the present invention that mutations in the BRCA1 locus in the germline are indicative of a predisposition to breast cancer and ovarian cancer. Finally, it is a discovery of the present invention that somatic mutations in the BRCA1 locus are also associated with breast cancer, ovarian cancer and other cancers, which represents an indicator of these cancers or of the prognosis of these cancers. The mutational events of the BRCA1 locus can involve deletions, insertions and point mutations." App. 749.
Notwithstanding Myriad's repeated use of the phrase "present invention," it is clear from the text of the patent that the various discoveries are the "invention."
[5] "Starting from a region on the long arm of human chromosome 17 of the human genome, 17q, which has a size estimated at about 8 million base pairs, a region which contains a genetic locus, BRCA1, which causes susceptibility to cancer, including breast and ovarian cancer, has been identified." Ibid.
[6] Myriad first identified groups of relatives with a history of breast cancer (some of whom also had developed ovarian cancer); because these individuals were related, scientists knew that it was more likely that their diseases were the result of genetic predisposition rather than other factors. Myriad compared sections of their chromosomes, looking for shared genetic abnormalities not found in the general population. It was that process which eventually enabled Myriad to determine where in the genetic sequence the BRCA1 and BRCA2 genes reside. See, e.g., id., at 749, 763-775.
[7] Myriad also argues that we should uphold its patents so as not to disturb the reliance interests of patent holders like itself. Brief for Respondents 38-39. Concerns about reliance interests arising from PTO determinations, insofar as they are relevant, are better directed to Congress. See Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___, ___, 132 S.Ct. 1289, 1304-05, 182 L.Ed.2d 321 (2012).
[8] Some viruses rely on an enzyme called reverse transcriptase to reproduce by copying RNA into cDNA. In rare instances, a side effect of a viral infection of a cell can be the random incorporation of fragments of the resulting cDNA, known as a pseudogene, into the genome. Such pseudogenes serve no purpose; they are not expressed in protein creation because they lack genetic sequences to direct protein expression. See J. Watson et al., Molecular Biology of the Gene 142, 144, fig. 7-5 (6th ed. 2008). Perhaps not surprisingly, given pseudogenes' apparently random origins, petitioners "have failed to demonstrate that the pseudogene consists of the same sequence as the BRCA1 cDNA." Association for Molecular Pathology v. United States Patent and Trademark Office, 689 F.3d 1303, 1356, n. 5 (C.A.Fed.2012). The possibility that an unusual and rare phenomenon might randomly create a molecule similar to one created synthetically through human ingenuity does not render a composition of matter nonpatentable.
[9] We express no opinion whether cDNA satisfies the other statutory requirements of patentability. See, e.g., 35 U.S.C. §§ 102, 103, and 112; Brief for United States as Amicus Curiae 19, n. 5.


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Instructor Profile: Beth AltimariWednesday, August 31st, 2011
Back-to-school season is upon us! While many are preparing by stocking up on notebooks and dorm furniture, we are digging out our yarn and crafty tools in anticipation of our fun line-up of fall classes! This also feels like a great time to return to introducing readers to our many wonderful WEBS Teachers-in-Residence. Today we meet Beth Altimari:
Beth, what are some of the classes you are teaching here at WEBS this season?
This fall I'm offering a popular class on felted knitted hats with 4 brim styles to choose from, and a wonderful 3-color all-over-patterned hat reminiscent of a pillbox shape. It' s a great starting point for Fair Isle, but challenging too. Then I have Knitting I and Knitting II classes which I always love, as new knitters are a lot of fun. I'm also doing a second round of a new Afghan Square of the Month Club, 12 squares offering a wide variety of techniques and stitch patterns using a few colors.
My maternal grandmother taught me to knit, as well as almost all the needle arts of her time. I was about 8 or 9, and since I am left handed, she sat in front of me so I could mirror her hand motions. It was 25 years later before I figured out all the little things I wasn't doing! I teach classes right handed as that makes the most sense for the majority of knitters, but I'm still most comfortable knitting left handed for myself.
Be kind to yourself, you're learning something new, and don't let panic take control as most anything can be fixed one way or another.
What is your favorite thing about teaching knitting?
Seeing the sparkle in people's eyes when they experience a success! I tend to have a lot of patience, a trait that, in teaching, seems to let people feel at ease as they struggle to learn something they may have given up on in the past. Being in a class setting brings up a lot of mixed memories for people, so it's important for me to help knitters to come away feeling good about it.
If you were a super hero, what would your super power be?
Assessment/trouble-shooting. I have a Human Service background that required developing those skills. But I hate to fly so I hope it wouldn't involve flying and tights.
You can find all of Beth's classes, and more, on our website.
Have you ever taken a class with Beth? Tell us about your experience in the comments!

subset: commoncrawl


text:
The American Repertory Theater and Harvard University are among four universities and five performing arts organizations — all of them in former Union or Confederate territory — teaming up for an ambitious project inspired by the 150th anniversary of the Civil War.
The National Civil War Project, a collaboration spurred by choreographer Liz Lerman, features newly commissioned works for the stage as well as discussions between academics and artists. The sesquicentennial of the war's beginning in 1861 has already passed, but the project, being announced Thursday in Washington, D.C., is intended to last through 2015, 150 years after the war's end.
The ART is developing three Civil War-related pieces. Jim and Ruth Bauer, creators of "The Blue Flower," which opened at the ART in 2010, are working on "War Dept.," a new music theater piece likely to run there in the 2014-15 season. Director Steven Bogart, who helmed the Amanda Palmer "Cabaret" at the ART's Oberon in 2010, is developing "The Boston Abolitionists," an ensemble piece that centers on the trial of fugitive Anthony Burns. Matt Aucoin, a 2012 Harvard University graduate and an assistant conductor at the Metropolitan Opera, is composing an opera focused on Walt Whitman's role as a medic during the war. (Matt Aucoin is the son of Globe drama critic Don Aucoin, who does not cover the ART.)
The project also includes Arena Stage and George Washington University in Washington, D.C.; Center Stage in Baltimore and the Clarice Smith Performing Arts Center at the University of Maryland in College Park; and, in Atlanta, Alliance Theatre and the Emory College Center for Creativity & Arts at Emory University.
Lerman's recent residency at Harvard led to her recruiting the ART to take part.
"The more we talked with her, it seemed like a tremendously exciting opportunity," said Diane Borger, the ART's producer and interim managing director. "Theaters don't always work cross-theater and cross-community. When we moved the conversations to artists and professors, everybody became incredibly taken with the idea."
Though the announcement came Thursday, the ART began holding roundtables with scholars last May. These included discussions on "Uncle Tom's Cabin," war wounds, and, just last week, Civil War painting and reenactments. The idea in holding the roundtables, which are not open to the public, has been to create relationships between artists and academics who otherwise might not cross paths.
For example, John Stauffer, a Harvard professor of English with a specialty in the Civil War, met the Bauers at one of the talks. They've since gone out to dinner and also traded notes. Stauffer has sent the Bauers reference material to help in their research for "War Dept.," which is set in Ford's Theatre. In turn, Jim Bauer sent Stauffer a pair of songs he wrote for the work in progress. During a recent class, Stauffer played one of those songs for the students.
"I love the way in which the ART has reached out to multiple groups and multiple people to create these dialogues and conversations," said Stauffer. "That kind of forum is unfortunately very rare. I think scholars have a lot to learn from artists and artists have a lot to learn from scholars."
The ART isn't sure when the works will be staged — they're still being developed — though the 2014-15 season is a likely spot, according to Ryan McKittrick, the theater's dramaturg and director of artistic programs.
"You never know for sure what you've got until you start making it, but we're interested in changing the way art is conceived and commissioned," said McKittrick. "We're hoping by putting artists with professors, with experts, with wide ranges of people, it might generate a new way of generating work."
The Civil War Project is, for now, being paid for by each participating institution. The ART does plan to apply for grants for the works it's producing, Borger said.
Lerman, the legendary choreographer who founded the Dance Exchange and was a recipient of a 2002 MacArthur Fellowship, known as a "genius" grant, did not make big promises when discussing her hopes for the project in a phone interview this week.
She said she doesn't know how significant the works emerging will be, though she's eager to see what the companies and institutions come up with. Her hope is that, through the work produced, the public will be reminded of the relevance of a 150-year-old event.
"I've been thinking more and more of the civil wars that are raging and I was thinking, as an American, that they're so far away," said Lerman. "We have a chance to renew our awareness and the fact that these wounds, though we try to heal them ourselves, they come back. I just thought maybe we'd have a chance to have more compassion and understanding of what's happening around us. What we do with that, I don't know."
Geoff Edgers can be reached at email@example.com.


text:
The American Spectator
written by James P. Gannon
Tuesday March 30, 2010 at 6:07am
There is a quiet anger boiling in America.
It is the anger of millions of hard-working citizens who pay their bills, send in their income taxes, maintain their homes and repay their mortgage loans -- and see their government reward those who do not.
It is the anger of small town and Middle American folks who have never been to Manhattan, who put their savings in a community bank and borrow from a local credit union, who watch Washington lawmakers and presidents of both parties hand billions in taxpayer bailouts to the reckless Wall Street titans who brought down the economy in 2008.
It is the fury of the voiceless, the powerless, the ordinary nobodies of Flyover Country who are ridiculed, preached to, satirized and insulted by the Celebrity Loudmouths of the two Left Coasts, the Jon Stewarts and Keith Olbermanns, the Paul Krugmans and their ilk.
It is the salted wound of the millions who see that ruling Democrats in Congress are not listening to them but are willfully ignoring public opinion and the verdict of recent elections in passing a huge new health care entitlement when the existing entitlements of Social Security, Medicare and Medicaid are already going broke.
It is the frustrating helplessness of citizens who revere the Founding Fathers and the genius of the Constitution that they wrote, who actually believe the words of the Constitution mean what they say, not more and not less. They who watch politicians and the courts stretch and bend that Constitution -- finding "rights" not enumerated, powers never granted, meanings unimagined -- believe that their country is being redefined without their consent.
Most of the angry are not out marching in the streets, waving signs or shouting into bullhorns. And they are not smashing windows or phoning death threats to politicians. They are simply waking up angry in the morning, and going to bed angry at night. And their resentment is multiplied by the media's efforts to portray them all as dangerous, crazy people, and by the effort of certain Democrats to tar them with brush of violent intent.
They are embittered, too, by the rhetoric of a triumphant president who turns on its head Winston Churchill's heroic attitude promising defiance in defeat but magnanimity in victory. For a president of a deeply divided country, defiance in victory is not an endearing posture. It has all the persuasive charm of a Chad Ochocinco victory dance in the end zone of the opponent's stadium.
These quietly angry people gather in their churches while their religions are called divisive and their beliefs are labeled as bigotry, and they pray for a better day. They talk among themselves in their Main Street cafes, at the Rotary club or at their kids' softball games, seeking others who understand their frustration and will not respond with arrogant dismissal.
They are tired of being told they are too stupid to understand the country's complex problems, too rooted in the past to find solutions, too selfish to share what they have worked for with everyone else who wants it.
They are not reaching for guns or for pitchforks. They are holding their anger within, waiting for their time, watching those in power over-reach and over-indulge.
Their wound is deep, and it will not be salved by more presidential speeches, Congressional hand-outs, or promises of wonderful things to come. They no longer believe any of that. Their quiet rage abides, waiting till it can be expressed in that silent place behind the curtain where the ballot lists the names that they have now committed to an angry memory.


text:
This is the amplicon context sequence in accordance with the minimum information for the publication of real-time quantitative PCR experiements (MIQE) guidelines. For more details, please refer to the following publication, "Primer Sequence Disclosure: A Clarification of the MIQE Guidelines."
Sequence and coordinates from the reference genome around your assays amplicon.
Real-time PCR primer assay designed for SYBR® Green gene expression analysis.
PrimePCR™ PreAmp for SYBR® Green Assay: Ywhaq, Rat
PrimePCR™ Template for SYBR® Green Assay: Ywhaq, Rat
Assay Information
Gene Information
has an essential role in the brain function [RGD, Feb 2006]
Products used to generate validation data:
Summary Data:
Amplification Plot
Amplification of cDNA generated from universal RNA.
Melt Peak
Melt curve analysis of above amplification.
Standard Curve
Standard curve generated using 20 million copies of template diluted 10 fold to 20 copies.


text:
Tag Archives: olds
1971 Oldsmobile Cutlass 442 Upgraded Stereo System
We have a lot of customers trust us with their classics because they know that we take care of their vehicles like if it was our own. For example, we have this immaculate 1971 OIldsmobile Cutlass 442 that got a stereo upgrade in the form of a single din Alpine headunit complete with bluetooth functionability. Two sets of 5.25 Rockford-Fosgate speakers. The front ones were placed in custom fiberglass kick panels while the rear were placed in their factory placement. To power everything up we've added a four channel Rockford-Fosgate amplifier to give it a much needed upgraded sound. High End Car Stereo and Performance, conveniently located in Philadelphia, PA and in Williamstown, NJ
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Posted by High End Car Stereo and Performance on Saturday, July 15, 2017
Video brought to you by High End Car Stereo and Performance


text:
By William Hudson, CNN
(CNN) — The H7N9 bird flu virus, first identified in humans earlier this year, kills about 36% of infected people admitted to hospitals in China, according to a new report published Sunday in the British medical journal The Lancet.
Far more difficult to estimate, according to the study, is how many die in the general population after becoming infected, as the most severe cases are also more likely to lead to hospitalization.
That estimate — a 0.16% to 2.8% overall fatality rate for those showing symptoms of infection — suggests that the H7N9 virus is less deadly than the H5N1 Bird Flu first appearing in 2003, and more deadly than the 2009 H1N1 swine flu pandemic.
Others infected with the virus may never show symptoms.
"There's almost always a large portion of asymptomatic (flu virus) cases, and cases where infected people don't seek treatment," says Dr. Gabriel Leung, one of the study's authors and head of the University of Hong Kong's School of Public Health.
The rate of infections seen earlier this year has nearly stopped entirely at 132 total confirmed cases, almost all in China and one in Taiwan, according to the World Health Organization and the study. Thirty-seven people have died. Only one case has appeared since May 8 – a 6-year-old boy in Beijing.
Still, public health officials warn that number could significantly rise again during the autumn flu season.
In contrast to H1N1 swine flu, which is now part of the seasonal flu vaccine, H7N9 and H5N1 flu viruses most commonly occur after exposure to infected poultry, and do not appear to spread easily from person-to-person.
In April, the World Health Organization warned the H7N9 virus was "one of the most lethal" that doctors and medical investigators had faced in recent years.
"The preemptive closure of live poultry markets made a difference," says Leung. "They were closed within weeks of the initial cluster of cases in and around the Yangtze delta. If those live poultry markets are reopened, we may expect to see cases again."
Symptoms of H7N9 flu infection start with high fever and cough, and in severe cases progress to pneumonia and multi-organ failure, according to the Centers for Disease Control and Prevention.
The risk to people in the United States is low, and no cases have been detected in the country, the CDC says.


text:
May 28
1901 — Parader, ridden by Fred Landry, overcomes a bad start to win the Preakness Stakes by two lengths over Sadie S.
1904 — Bryn Mawr, ridden by Eugene Hildebrand, wins the Preakness Stakes by one length over Wotan.
1946 — The Washington Senators beat New York 2-1 in the first night game at Yankee Stadium.
1956 — Dale Long of the Pittsburgh Pirates hits a home run in his eighth consecutive game for a major league record. Long connects off Brooklyn's Carl Erskine at Forbes Field.
1978 — Al Unser wins his third Indianapolis 500, the fifth driver to do so, edging Tom Sneva by 8.19 seconds.
1985 — The San Diego Sockers beat the Baltimore Blast 5-3 to win the MISL title in five games.
1995 — Jacques Villeneuve overcomes one penalty and wins by another in the Indianapolis 500. Villeneuve drives to victory after fellow Canadian Scott Goodyear is penalized for passing the pace car on the final restart.
2000 — Dutch swimming star Inge de Bruijn sets her third world record in three days, adding the 100 freestyle mark to the 50 and 100 butterfly marks she set previously at the Sheffield Super Grand Prix. De Bruijn becomes the first swimmer to finish under 54.00 in the 100 freestyle at 53.80 seconds.
2006 — Sam Hornish Jr. overcomes a disastrous mistake in the pits and a pair of Andrettis — Marco and father Michael — to win the second-closest Indianapolis 500 ever, by .0635 seconds.
2006 — Barry Bonds hits his 715th home run during the San Francisco Giants' 6-3 loss to the Colorado Rockies to slip past Babe Ruth and pull in behind Hank Aaron and his long-standing record of 755.
2007 — Duke has an almost unfathomable comeback fall short in a 12-11 loss to Johns Hopkins in the NCAA lacrosse championship game. The Blue Devils never finished their 2006 season, and then make it all the way back to the title game.
2011 — Novak Djokovic extends his perfect start to the season at the French Open, beating Juan Martin del Potro 6-3, 3-6, 6-3, 6-2 for his 40th straight victory this year. Djokovic's 40-0 start to 2011 is the second-best opening streak in the Open era, which started in 1968.
2020 — The Boston Marathon canceled for the first time in its 124-year history. The race had originally been scheduled for April 20 before being postponed for five months because of the coronavirus pandemic.
May 29
1922 — The Supreme Court rules organized baseball is primarily a sport and not a business and therefore not subject to antitrust laws and interstate commerce regulations.
1946 — Two-year-old fillies Chakoora and Uleta become the first thoroughbreds to complete a transcontinental flight. They're flown from New York to Inglewood, Calif., by the American Air Express Corp., a 2,446-mile trip that lasts 20 hours due to bad weather.
1971 — Al Unser wins his second straight Indianapolis 500 with a record mark of 157.735 mph and finishes 22 seconds ahead of Peter Revson. The pace car, ridden by Eldon Palmer, crashes into the portable bleachers and injures 20 people.
1977 — A.J. Foyt becomes the first driver to win four Indianapolis 500s and Janet Guthrie becomes the first woman in the race. Guthrie is forced to drop out after 27 laps with mechanical problems.
1983 — After three second-place finishes, Tom Sneva wins the Indianapolis 500 by 11 seconds over three-time champion Al Unser.
1988 — Rick Mears overcomes an early one-lap deficit, then overpowers the rest of the field on the way to his third Indianapolis 500 victory. Mears gives team-owner Roger Penske an unprecedented seventh victory and fourth in five years.
1990 — Stefan Edberg and Boris Becker, the top two seeds, are bounced in the first round of the French Open by two European teenagers, the first time the top two men's seeds are eliminated in the first round of a Grand Slam tournament. Edberg is swept easily in straight sets by 19-year-old Sergi Bruguera of Spain, and Becker loses to 18-year-old Yugoslav Goran Ivanisevic.
1993 — Wayne Gretzky's overtime goal gives the Los Angeles Kings a 5-4 win over the Toronto Maple Leafs in the Western Conference finals. The Kings become the first NHL team to play the full 21 games in the first three rounds.
1998 — Eighteen-year-old Marat Safin, ranked 116th in the world and playing in his first Grand Slam tournament, beats defending champion Gustavo Kuerten, 3-6, 7-6 (7-5), 3-6, 6-1, 6-4 in the second round of the French Open.
2002 — Roger Clemens records the 100th double-digit strikeout game of his career, fanning 11 in seven innings against Chicago. Only Nolan Ryan (215) and Randy Johnson (175) have more games with 10 or more strikeouts.
2005 — Dan Wheldon wins the Indianapolis 500 when Danica Patrick's electrifying run falls short. Patrick is the first woman to lead at Indy, getting out front three separate times for a total of 19 laps. But Wheldon passes her with seven of the 200 laps to go and easily holds on.
2006 — Rafael Nadal passes Guillermo Vilas as the King of the clay courts and begins his pursuit of a second successive French Open trophy. Nadal earns his 54th consecutive win on clay, breaking the Open era record he shared with Vilas by beating Robin Soderling in straight sets in the first round at Roland Garros.
2010 — Philadelphia's Roy Halladay pitches the 20th perfect game in major league history, beating the Florida Marlins 1-0. Halladay strikes out 11 and goes to either 3-1 or 3-2 counts seven times, twice in the game's first three batters alone.
2011 — JR Hildebrand, one turn from winning the Indianapolis 500, skids high into the wall on the final turn and Dan Wheldon drives past to claim an improbable second Indy 500 win in his first race of the year.
2011 — Roger Federer sets another record by reaching the French Open quarterfinals, and Novak Djokovic closes in on a pair of his own. Federer extends his quarterfinal streak at major tournaments to 28 with a 6-3, 6-2, 7-5 victory over Stanislas Wawrinka. Djokovic maintains his perfect season to 41-0 and stretches his overall winning streak to 43 matches by beating Richard Gasquet of France 6-4, 6-4, 6-2.
2012 — Serena Williams loses in the first round of a major tournament for the first time, falling to Virginie Razzano of France 4-6, 7-6 (5), 6-3 at the French Open. Williams enters the day with a 46-0 record in first-round matches at Grand Slam tournaments.
May 30
1903 — Flocarline becomes the first filly to win the Preakness Stakes.
1908 — Jockey Joe Notter misjudges the finish of the Belmont Stakes and eases up on his mount, Colin, whose career record to that point was 13-for-13. Notter recovers from his mistake and holds off Fair Play, who came within a head of defeating Colin. When he retired, Colin's record stood at 15 wins in as many starts.
1911 — Ray Harroun wins the first Indianapolis 500 in 6 hours, 42 minutes and 8 seconds with an average speed of 74.59 mph.
1912 — Joe Dawson wins the second Indianapolis 500 in 6:21:06. Ralph Mulford is told he has to complete the race for 10th place money. It takes him 8 hours and 53 minutes as he makes several stops for fried chicken. The finishing rule is changed the next year.
1951 — Lee Wallard wins the Indianapolis 500, becoming the first driver to break the 4-hour mark with a time of 3:57:38.05.
1952 — At 22, Troy Ruttman becomes the youngest driver to win the Indianapolis 500.
1955 — Bob Sweikert, an Indianapolis native, wins the Indianapolis 500. Bill Vukovich, seeking his third consecutive victory, is killed in a four-car crash on the 56th lap.
1985 — The Edmonton Oilers win the Stanley Cup for the second straight year with an 8-3 victory over the Philadelphia Flyers in Game 5.
1993 — Emerson Fittipaldi wins his second Indianapolis 500, by 2.8 seconds. Fittipaldi takes the lead on lap 185 and holds on, outfoxing Formula One champion Nigel Mansell and runner-up Arie Luyendyk.
2004 — In Cooper City, Fla., Canada easily beats the United States in a three-day cricket match, the first competition on American soil sanctioned by the International Cricket Council.
2005 — Johns Hopkins wins its first NCAA lacrosse title in 18 years, beating Duke 9-8 to complete an undefeated season.
2009 — Travis Tucker hits an RBI single with one out in the top of the 25th inning to give Texas a 3-2 victory over Boston College in the longest baseball game in NCAA history.
2010 — Dario Franchitti gets a huge break from a spectacular crash on the last lap to climb back on top of the open-wheel world to win the Indianapolis 500. Franchitti's second Brickyard victory in four years helps his boss, Chip Ganassi, become the first owner to win Indy and NASCAR's Daytona 500 in the same year.
2011 — Jim Tressel, who guided Ohio State to its first national title in 34 years, resigns amid NCAA violations from a tattoo-parlor scandal that sullied the image of one of the country's top football programs.
2012 — Roger Federer breaks Jimmy Connors' Open era record of 233 Grand Slam match wins by beating Adrian Ungur of Romania 6-3, 6-2, 6-7 (6), 6-3 in the second round of the French Open. Federer, who owns a record 16 major championships, is 234-35 at tennis' top four tournaments. Connors was 233-49. The Open era began in 1968.
May 31
1927 — Detroit first baseman Johnny Neun records an unassisted triple play in the ninth inning to end the 1-0 win over the Cleveland Indians. Neun grabs a Homer Summa line drive, tags Charlie Jamieson at first and outruns Glenn Myatt to tag second.
1938 — Henry Armstrong beats Barney Ross for the world welterweight title.
1942 — Sam Snead wins the PGA Championship, beating Jim Turnesa in the final round 2 and 1.
1949 — Sam Snead wins the PGA Championship, defeating Johnny Palmer in the final round 3 and 2.
1965 — Jim Clark becomes the first non-U.S. driver in 49 years to win the Indianapolis 500.
1983 — The Philadelphia 76ers win the NBA championship with a 115-108 victory over the Los Angeles Lakers, completing a four-game sweep.
1987 — The Edmonton Oilers win their third Stanley Cup by beating the Philadelphia Flyers 3-1 in Game 7.
1992 — Ayrton Senna wins his fourth consecutive Monaco Grand Prix to end Nigel Mansell's season-opening winning streak at five races.
1997 — Ila Borders becomes the first woman to pitch in a regular-season professional baseball game, in the sixth inning of the St. Paul Saints' Northern League game against Sioux Falls. She struggles, giving up three earned runs without getting an out.
2001 — Pat Day becomes the third jockey to reach 8,000 wins by guiding Camden Park to a one-length victory on the turf in the sixth race at Churchill Downs. The 47-year-old Day trails only Laffit Pincay Jr. (9,147) and Bill Shoemaker (8,833).
2002 — Jason Kidd becomes the first player in 35 years to record three triple-doubles in an NBA playoff series, and the New Jersey Nets finish off the Boston Celtics with a 96-88 victory in Game 6 of the Eastern Conference finals. He joins Oscar Robertson (1963) and Wilt Chamberlain (1967) as the only players with three triple-doubles in a series.
2007 — LeBron James scores a career playoff-high 48 points to lead Cleveland to a 109-107, Game 5 win over Detroit in two overtimes. James is the first player to score 25 straight points for a team in the postseason while scoring 29 of the Cavaliers' final 30 points.
2008 — Usain Bolt sets the world record in the 100 meters with a time of 9.72 seconds at the Reebok Grand Prix in New York. Bolt is .02 seconds faster than the old record held by fellow Jamaican, Asafa Powell.
2009 — Rafael Nadal's unbeaten run at the French Open ends when the four-time defending champion loses to Robin Soderling of Sweden 6-2, 6-7 (2), 6-4, 7-6 (2) in the fourth round. Nadal's record winning streak at Roland Garros ends at 31 matches.
2009 — Stephen Cardullo sets a tournament record with seven hits, including three of Florida State's NCAA-record 15 doubles, as the Seminoles routs Ohio State 37-6 to advance to the super regionals.
2011 — Austrian player Daniel Koellerer is been banned for life by a tennis anti-corruption unit for attempting to fix matches. Koellerer, who was ranked No. 55 in 2009, is found guilty of three violations of the Uniform Tennis Anti-Corruption Program between October 2009 and July 2010.
2012 — Kevin Durant scores 22 points, Thabo Sefolosha sets playoff career-bests with 19 points and six steals, and the Oklahoma City Thunder snap San Antonio's 20-game winning streak by beating the Spurs 102-82 in Game 3 of the Western Conference finals.
June 1
1925 — Lou Gehrig bats for Pee Wee Wanninger in the eighth inning and replaces Wally Pipp at first base to start his streak of 2,130 consecutive games.
1946 — Assault, ridden by Warren Merhtens, wins the Belmont Stakes to become the seventh horse to capture the Triple Crown.
1968 — Stage Door Johnny, ridden by Heliodoro Gustines, wins the Belmont Stakes in a record time of 2:27 1-5 and spoils the Triple Crown bid of Forward Pass, who finishes 1 1/4 lengths behind.
1975 — Nolan Ryan of the California Angels pitches his fourth no-hitter to tie Sandy Koufax's record, beating the Baltimore Orioles 1-0.
1975 — Kathy Whitworth wins the LPGA tournament by one stroke over Sandra Haynie.
1986 — Pat Bradley wins the LPGA tournament and becomes the first to win all four major women's tournaments, beating Patty Sheehan by one stroke.
1992 — The Pittsburgh Penguins win the Stanley Cup for the second straight year, beating the Chicago Blackhawks 6-5 for a four-game sweep.
1996 — The LSU women win their 10th consecutive NCAA track team title with 81 points, the longest victory string in women's college sports.
2002 — Detroit advances to the Stanley Cup finals for the fourth time in eight years with a 7-0 win over Colorado in Game 7 of the Western Conference finals. Colorado becomes the first NHL team to play in four consecutive Game 7s. Detroit goalie Dominik Hasek sets an NHL record by recording his fifth shutout of the playoffs.
2004 — Detroit and Indiana combine for just 60 first-half points in the Pistons' 69-65 victory, breaking the NBA playoff record of 62 set by the Pistons and Nets during the second round.
2008 — Hillary Will is the 11th woman in NHRA history to win a national event when she takes the Top Fuel event at the O'Reilly NHRA Summer Nationals. Will drives her dragster to a 4.744-second run at a top speed of 304.53 mph, beating No. 1 qualifier Larry Dixon for her first career win in Top Fuel.
2010 — French Open upset specialist Robin Soderling strikes again, rallying past defending champion Roger Federer in a rainy quarterfinal, 3-6, 6-3, 7-5, 6-4. The loss ends Federer's record streak of reaching the semifinals in 23 consecutive major events.
2012 — Jonathan Crawford pitches the seventh no-hitter in NCAA tournament history, shutting down Bethune-Cookman in a 4-0 victory in the opener of the Gainesville Regional.
2012 — Alex Miklos hits a go-ahead RBI triple in the 21st inning as Kent State outlasts Kentucky 7-6 in the second-longest game in NCAA tournament history.
June 2
1896 — Hastings, ridden by H. Griffin, edges Handspring by a neck to capture the Belmont Stakes.
1908 — Royal Tourist, ridden by Eddie Dugan, posts a four-length victory over Live Wire in the Preakness Stakes.
1909 — Joe Madden, ridden by Eddie Dugan, wins the Belmont Stakes by eight lengths over Wise Mason.
1935 — Babe Ruth, 40, announces his retirement as a player.
1947 — After a six-year layoff, 13-year-old Honey Cloud wins the second race at Aqueduct. His jockey, Clarence Minner, takes his first ride in 10 years.
1985 — Nancy Lopez beats Alice Miller by eight strokes to win the LPGA championship.
1991 — Andrettis finish 1-2-3 in the Miller 200 at Wisconsin State Fair Park Speedway in Milwaukee. Mario Andretti finishes third, his son Michael wins the race and his nephew John finished second.
1996 — Annika Sorenstam closes with a 4-under 66 to win her second consecutive U.S. Women's Open. Sorenstam's 8-under 272 is the best ever in the Open.
2002 — Annika Sorenstam matches the LPGA record for margin of victory in a 54-hole event while winning the inaugural Kellogg-Keebler Classic. Sorenstam finishes at 21-under 195 to win by 11 strokes.
2005 — Jockey Russell Baze records his 9,000th career victory aboard Queen of the Hunt in the eighth race at Golden Gate Fields.
2007 — Daniel Gibson scores a career-high 31 points as Cleveland beats Detroit 98-82 to advance to the NBA Finals. The Cavaliers are the third team to come back from an 0-2 deficit in a conference finals, joining the 1971 Baltimore Bullets and 1993 Chicago Bulls.
2008 — Pittsburgh outlasts Detroit 4-3 in three overtimes of Game 5 of the Stanley Cup finals. Petr Sykora scores at 9:57 of the third overtime ending the fifth-longest finals game in NHL history.
2010 — Armando Galarraga of the Detroit Tigers loses his bid for a perfect game with two outs in the ninth inning on a call that first base umpire Jim Joyce later admits he blew. First baseman Miguel Cabrera cleanly fields Jason Donald's grounder to his right and makes an accurate throw to Galarraga covering the bag. The ball is there in time, and all of Comerica Park is ready to celebrate the 3-0 win over Cleveland, until Joyce emphatically signals safe.
2011 — Dirk Nowitzki makes the tie-breaking layup with 3.6 seconds left, and the Dallas Mavericks roar back from 15 points down in the fourth quarter to beat the Miami Heat 95-93 and tie the NBA finals at one game apiece. The Mavs outscore the Heat 22-5 down the stretch and pull off the biggest comeback win in an NBA finals since 1992.
June 3
1932 — Lou Gehrig becomes the first major league player to hit four consecutive home runs in a game, giving the New York Yankees a 20-13 win over the Philadelphia A's. Gehrig's feat, however, is overshadowed by the resignation of John McGraw, manager of the New York Giants for 30 years.
1944 — Bounding Home, ridden by G.L. Smith, wins the Belmont Stakes by one-half length over Pensive, the winner of the Kentucky Derby and Preakness.
1961 — Sherluck, ridden by Braulio Baeza, wins the Belmont Stakes. Carry Beck, the winner of the Kentucky Derby and the Preakness, finishes seventh.
1984 — Patty Sheehan wins the LPGA championship by a record 10 strokes over Beth Daniel and Pat Bradley.
1991 — Thomas Hearns becomes a world champion for the sixth time, capturing the World Boxing Association's light-heavyweight title with a 12-round unanimous decision over Virgil Hill.
1992 — Chicago's Michael Jordan scores a record 35 points, including a record six 3-pointers, in the first half as the Bulls beat Portland 122-89 in the opening game of the NBA Finals. Jordan finishes with 39 points and Chicago is only two points shy of the largest victory margin in the finals.
1995 — Pedro Martinez of Montreal pitches nine perfect innings against San Diego before giving up a leadoff double to Bip Roberts in the 10th inning of the Expos' 1-0 win.
1999 — Four days after her first LPGA Tour victory, Kelli Kuehne ties the Women's U.S. Open record with an 8-under 64 in the first round to take a one-stroke lead over Juli Inkster.
2001 — Karrie Webb wins the U.S. Women's Open in a runaway for the second year in a row. Webb shoots a 1-under 69 for an eight-stroke victory, the largest margin at a Women's Open in 21 years.
2004 — Calgary ties an NHL record with its 10th road win of the playoffs with a 3-2 overtime victory over Tampa Bay in Game 5 of the Stanley Cup finals. The New Jersey Devils also won 10 road playoff games during their championship seasons of 1995 and 2000.
2006 — Jeff Burton has the biggest come-from-behind win ever in a Busch race, overcoming a 36th-place starting position in the Dover 200 for his second victory of the season.
2006 — Russia's Nikolai Valuev retains his WBA heavyweight title in Hanover, Germany, stopping Jamaican challenger Owen Beck with a right uppercut in the third round.
2011 — Roger Federer ends Novak Djokovic's perfect season and 43-match winning streak, beating him 7-6 (5), 6-3, 3-6, 7-6 (5) in the French Open semifinals. Federer advances to the title match against five-time champion Rafael Nadal. Nadal reaches his sixth final in seven years at Roland Garros by defeating Andy Murray 6-4, 7-5, 6-4 in the other semifinal.


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Photojournalistic wedding photography, portraiture and special events. By blending photojournalism with contemporary portrait photography, Joseph crea.......more photographer info
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Wedding photography that tells your story. Combining artistic and documentary-style photography. While his exquisite wedding photography services are .......more photographer info
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Casey Durgin Photography creates a one of a kind wedding day story by blending stylish portraits with real moments and emotions. We are dedicated to c.......more photographer info
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Photographer David Zwickerhill based in Portland, Maine. Available for portraits, weddings, & promotional work throughout New England. Photographs rea.......more photographer info
Southern Maine Photo specializes in wedding photography in the Portland, Maine area........more photographer info
Award-winning photojournalist David Murray captures the story of your wedding with chic candids and classic artistic portraits. He will bring the same.......more photographer info
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My passion for capturing the moment is my motivation for preserving your present. Through my camera's eye, I will capture the atmosphere and mood tha.......more photographer info
Gregory Rice Photography specializes in offering wedding photography in the documentary photojournalism style. We encourage you to look at the photogr.......more photographer info
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Police seizure
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PLEASE NOTE: All bidders at Long Shot Auctioneers ("Auctioneer") acknowledge that they have read these terms and conditions of sale and agree to be bound thereby.
ALL ITEMS SOLD AS-IS; Items may be used and may contain defects that are not immediately detectable. Items may be missing parts. Text description given is meant to be used as a guide only. You are responsible for inspecting items before bidding. All information provided is believed to be correct but no warranty as such is either intended or implied. All items are sold AS IS - WHERE IS AND WITH ALL FAULTS AND DEFECTS THEREIN. With that being said we want you to be able to BID WITH CONFIDENCE. We do our very best to make note of anything abnormal in each item description. We also encourage you to do a live inspection before the final day of the sale. Our team vows to do our very best at catching and noting items with missing parts, defective items, etc., but we still may miss things. Please come inspect items before auction closing. Thank you all, we appreciate your business!
1. Identification - All purchasers are required to have a Bidder's Number to bid and shall supply Long Shot Auctioneers with their full name, address, telephone number, and credit card information. Long Shot Auctioneers must have this information on file before customers can bid online. In the case of live auctions valid proof of ID can take the place of CC information to be eligible to bid.
2. Addition to or withdrawal from sale - The Auctioneer reserves the right to (a) withdraw from sale any of the items listed; (b) sell at any auction items not listed; and (c) also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in bulk.
3. The Auctioneer has the right in its absolute discretion to refuse any bid. The highest bidder shall be the buyer at the hammer price. Once a bid is placed that bid is binding. If you bid on an item by mistake you must inform Long Shot Auctioneers immediately, before the auction ends. Once the auction ends ( whether online, live, or simulcast) buyers cannot retract any bid for any reason.
3A. Each auction is to be considered a with reserve auction unless specifically noted as an "absolute auction". Absolute auction meaning without reserve. Auction company employees reserve the right to bid on and purchase any item in any auction. Auction company reserves the right to place reserve on any auction item. Auction company reserves the right to bid on the behalf of approved bidders upon request if said bidder does not have ability to bid for themselves at the time of the auction I.e. no internet signal, time constraint's, internet illiteracy, etc. Long Shot Auctioneers does not provide price protection. It is openly stated and widely known that Consignors/Sellers reserve the right to bid on behalf of themselves on their own items to provide price protection.
4. Dispute between bidders - If any dispute arises between two or more bidders, Auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
5. Condition of items sold - Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse.
6. Manner of payment - All lots are to be paid in full by cash, approved check, Mastercard, Visa, or Debit Card before at the close of the auction. Auctioneer reserves the right to hold merchandise until a buyer's check clears and reserves the right to not accept a check. There will be a $50.00 service charge for any check returned from the bank for any reason. All online bidders in any auction must register with a valid credit or debit card. All parties who accept online terms and conditions authorize and fully understand that Long Shot Auctioneers reserves the right to charge the customers online registered credit or debit card for the full sale amount, any shipping, handling, or fees without any further notice to buyers, from the auction company. Long Shot Auctioneers reserves the right to ship items to customers who do not make the appropriate scheduled pickup time, at the expense of the buyer. Long Shot Auctioneers reserves the right to charge no more than a $25/day storage fee to any buyers whose items that have been left at our warehouse more than 7 days after the last allotted pickup day. After 21 days any items left over or not picked up by appropriate buyer are to be considered abandoned and Long Shot Auctioneers reserves the right to take full legal possession of said items.
7. Sales Tax - will be paid on the final sale price and the 15% Buyer's Premium ( if applicable ) . All purchases will be subject to Sales Tax unless the buyer provides Long Shot Auctioneers with a valid Resale Certificate or a valid Ag/Timber number at the time of registration.
8. All measurements and sizes - are approximate.
9. Minimum bids - may be placed on some items.
10. Removal/ Pick Up - shall be at the expense, liability, and risk of the purchaser. Long Shot Auctioneers and any of its associates / affiliates assume no liability or risk for pickup, loading, removal, transportation, or delivery of any item sold. Purchases can be picked up only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the pickup time specified on a per auction basis, and shall have the option of removing and storing or reselling at the expense and risk of the purchaser of any article purchased. Long Shot Auctioneers reserves the right to charge no more than a $25/day storage fee to any buyers whose items that have been abandoned more than 7 days after the last allotted pickup day. After 21 days any items left over or not picked up by appropriate buyer are to be considered abandoned and Long Shot Auctioneers reserves the right to take full legal possession of said items. NO LOT MAY BE TAKEN FROM LONG SHOT AUCTIONEERS UNTIL CHECKED OUT BY AUCTIONEER STAFF.
11. Claims - No claims will be allowed after goods are removed from premises.
12. Personal and property risk - Persons attending during exhibition, sale or removal of goods assumes all risks of damage of or loss to person and property, and specifically releases Auctioneer, its agents and assigns from liability therefor. Neither Auctioneer nor its principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
13. Records - The record of sale kept by the auctioneer and clerk will be taken as final in the event of any dispute.
14. All lots - to be sold AS IS, WHERE IS. ALL SALES FINAL.
15. Shipping/ Handling - If an item is to be shipped buyer is responsible for payment of all shipping and handling. The shipping and handling cost varies by item and will be determined at the time that the item is sold.
16. Additional terms and conditions - Any additional terms or conditions of sale, added by Auctioneer, shall be announced prior to auction.
17. FIREARM PURCHASES – LONG SHOT AUCTIONEERS WILL COMPLY WITH ALL TEXAS AND FEDERAL GUN LAWS. ALL FIREARM PURCHASES WILL BE THROUGH A LICENSED FFL DEALER. YOU WILL PAY FOR YOUR GUN, THEN BE PUT IN CONTACT WITH OUR FFL TO DO A BACKGROUND CHECK. ONLY AFTER YOU HAVE PASSED THE BACKGROUND CHECK WILL YOU BE ABLE TO PICKUP FIREARM. ALL GUN PURCHASES ARE NON-REFUNDABLE, REGARDLESS OF THE OUTCOME OF THE PURCHASER'S BACKGROUND CHECK. IF YOU ARE NOT LEGALLY ALLOWED TO PURCHASE A GUN DO NOT BID. YOU WILL BE CHARGED FOR THE GUN WHETHER YOU ARE APPROVED TO TAKE POSSESSION OF THE FIREARM OR NOT. A Texas resident, if not otherwise precluded by law, may purchase rifles and shotguns, ammunition, reloading components, or firearms accessories in contiguous states. It is unlawful to sell, rent, loan or give a handgun to any person if it is known that the person intends to use it unlawfully. It is unlawful to knowingly sell, rent, give or offer to sell, rent or give any firearm to a person under 18 years of age. It is unlawful to knowingly or recklessly sell any firearm or ammunition to any person who is intoxicated.
18. Governing Law; Venue; Attorneys Fees - This Agreement shall be governed by the laws of the state of Texas, without regard to its choice or conflict of law principles. Any claim or action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Kaufman County, Texas. Any action by Auctioneer to enforce the terms of this Agreement, where Auctioneer is the prevailing party, shall entitle Auctioneer to attorneys fees and costs.
United States
Auction Pickup will be by appointment only. June 14-16 9:00am-3:00pm
June 19-23 9:00am -3:00pm
For pickup appointments contact Mike White 469-628-4498 or email@example.com
After Friday June 30th all items not picked up will be considered abandoned and become the property of Long Shot Auctioneers. No exceptions.
Coming Soon - City of Terrell Tx has commissioned Long Shot Auctioneers to liquidate the following 22 items including, (2) 2016 Chevrolet Tahoes - 2008 Ford Mustang - Spreader applicator - Truck bed glider - Surplus emergency vehicle equipment - Surplus Electronics.


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Strangers, Terror, and Kindness in Cities
Saturday, October 1, 2011, 12–1 pm
The ability of people of different races and cultures to live together in cosmopolitan cities is a triumph. We are constantly mediating a tug-of-war between deep-seated instincts for fear and trust. Where do these instincts come from? How can we build more convivial cities and lives? Join psychologist Emanuele Castano, expert of social identification, and empathy, and neuroeconomist Paul Zak, who studies the chemistry of connection, morality and happiness in an exploration of the science and mystery of terror and kindness in cities.
Photo used by permission under Creative Commons Attribution-Share Alike 2.0 License from heathbrandon


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SPOKANE, Wash. – Washington State football coach Mike Leach denied his players are subjected to any type of abuse, as alleged by star receiver Marquess Wilson.
Wilson made the allegations in a letter he released Saturday in which he quit the team and also complained that the coaching staff would "belittle, intimidate and humiliate us."
Leach said during his regular Monday meeting with reporters: "There is no truth about it at all." He described Wilson as a disgruntled player.
Asked if there had been any actions by coaches that could be construed as abuse, Leach replied: "No, no, no. Next question."
Wilson issued a statement on Saturday saying he had quit the team as a protest to "physical, emotional and verbal abuse" by the coaching staff. He did not provide examples and has not been available for comment.
Wilson is WSU's career leader with 3,207 receiving yards, but has been a regular target of criticism from Leach and his assistants since spring drills. More recently he was demoted to backup receiver, although he continued to lead the team in receptions and yards.
Washington State President Elson Floyd on Sunday asked the school's athletic department and the Pac-12 Conference to conduct separate investigations into Wilson's allegations.
"Together, both reports should get to the bottom of the matter," Floyd said in a press release.
Leach said he had no problem with the two investigations, which he expected would "dispel all the falsehoods that surround this."
Wilson was suspended after walking out of a tough conditioning drill on Nov. 4.
"Sixty five people went through that workout, and he left after 15 minutes and nobody went after him," Leach said. "That says more about him than anybody or anything else."
At first, athletic department officials said there was a chance Wilson could return, but the player put an end to that on Saturday.
"I believe coaches have a chance to mold players, to shape men, to create greatness," Wilson's statement said. "However, the new regime of coaches has preferred to belittle, intimidate and humiliate us."
Several players asked if they have witnessed abuse either declined to comment or denied seeing any abuse.
"Staying away from all that is the smart thing to do," said quarterback Jeff Tuel, a close friend of Wilson, on Monday.
"I haven't seen any sort of physical abuse at all," center Elliott Bosch said.
Leach was fired from Texas Tech after the 2009 season for an incident in which he was alleged to have ordered a player with a concussion to sit in a storage shed during practice. Leach disputed the allegation and it was not proven. Leach has sued Texas Tech, contending he was fired so the school could avoid a large payment due him at the end of the year.
Washington State hired Leach late last year to revive a moribund program, paying him more than $2 million a year. The hire energized the fan base, but it has been a tough initial season, as the Cougars are 2-8 with two games left.
Leach has raised eyebrows with his comments lambasting his team after some games. He has said some of the seniors display an "empty corpse quality," said the team's performance in a loss at Utah resembled a zombie convention, and said the play of his offensive and defensive lines in that game "bordered on cowardice."