1. 8. From a patent law perspective, BiDil's developers could have chosen a racial or ethnic group other than African-Americans. In this issue, the BiDil patent holder, Jay Cohn (who licensed his intellectual property rights to NitroMed, the drug combination's developer), summarizes the BiDil investigators' scientific rationale for selecting African-Americans. Cohn, , supra note 2.
2. Legal Constraints on the Use of Race in Biomedical Research: Toward a Social Justice Framework
3. 4. This, of course, isn't necessarily true in a quantitative sense: what has happened is not an indicator of the probability of the thing happening again, absent a sufficient number of similar past scenarios to make prior occurance statistically meaningful.