Tell Us What You Really Think: CVC Asserts Board Decision in '115 Interference Negates Jurisdiction in Interference Nos. 106,127 and 106,132

McDonnell Boehnen Hulbert & Berghoff LLP
Contact

McDonnell Boehnen Hulbert & Berghoff LLP

Captioned disarmingly as a Notice of Related Proceedings under 37 C.F.R. § 41.8(a)(1) and ¶ 8.2 of the Standing Order, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") somewhat boldly asserted in its June 6th filing that the Board no longer had jurisdiction over its applications-in-interference in Interference Nos. 106,127 and 106,132.  The legal basis for this challenge (framed, appropriately, as a request), is that CVC appealed the Board's decision in favor of granting priority to Broad Institute and colleagues in Interference No. 106,115 (see "PTAB Grants Priority for Eukaryotic CRISPR to Broad in Interference No. 106,115").  CVC's appeal of that determination and the Federal Circuit's docketing of that appeal, over "all of the same Junior Party applications and claims as those involved in [these] interference[s]," takes away the Board's authority in each of these interferences, citing In re Allen, 115 F.2d 936, 939 (C.C.P.A. 1940), In re Grier, 342 F.2d 120, 123 (C.C.P.A. 1965), In re Graves, 69 F.3d 1147, 1149-50 (Fed. Cir. 1995), and 37 C.F.R. § 41.35(b)(2) in support of this proposition.  Accordingly, CVC states, no longer having jurisdiction "the PTAB may not issue a judgment with respect to Junior Party's involved applications in this interference."

Neither ToolGen (in the '127 Interference) nor Sigma-Aldrich (in the '132 Interference) have yet responded.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Written by:

McDonnell Boehnen Hulbert & Berghoff LLP
Contact
more
less

McDonnell Boehnen Hulbert & Berghoff LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide