beyond their original research use. Rather than being destroyed or discarded, these specimens can be stored in repositories for future applications (for example, cell lines, genotyping, and other biotechnologies). These repositories are especially attractive to commercial sponsors, because with little additional capital, a repository can increase the potential return on research and development dollars already spent. Not surprisingly, then, commercial sponsors have amassed huge repositories over the years. Any cloud on the legal right to use these specimens could be catastrophic for the commercial sponsors and could chill important, future discoveries. The threat of just such a situation has emerged. The patient privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)' have rekindled legal questions which were raised well over a decade ago, but which still remain unresolved. Generally, commercial repositories have been built quietly, without the specific knowledge of research participants. HIPAA has fundamentally changed the visibility of these commercial repositories. Now, when a health care provider proposes to conduct research on a patient, all research uses and disclosures, including the retention of specimens2 in a repository, must be described on a HIPAA-compliant written authorization form. The patient must sign this form before research activities can begin. Sponsors seem to be uncomfortable directing attention to an area of legal uncertainty. When specimens result in commercially important discoveries, who owns the profits derived from them? The patient? The researcher? The commercial sponsor? Important legal concepts, including property rights, informed consent, and the general fiduciary duty owed by a physician to a patient are implicated. In 199o, the Supreme Court of California addressed these questions in the case of Moore v. Regents of the University of California.3 Mr. Moore suffered from hairy-cell leukemia, and for therapeutic reasons, his physicians recommended that his spleen be removed. Mr. Moore alleged that after surgery, his blood, blood serum, skin, bone marrow aspirate, sperm, and material from his spleen were used to develop a valuable cell line.4 Mr. Moore further alleged that his physicians did not disclose these research activities to him or obtain his