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McDonnell Boehnen Hulbert & Berghoff LLP

Amici Support Reversal of PTAB Decision in CRISPR Interference

Two amici have filed briefs in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the decision by the Patent Trial and...more

Weintraub Tobin

Should AI Machines Have Rights?

Weintraub Tobin on

In the last few years, the U.S. Copyright Office refused to allow a copyright registration for a work of art created by a machine, and a federal district court held that an artificial intelligence system could not be an...more

BakerHostetler

Characterization of Claim Elements as “Conventional” Results in Section 101 Subject Matter Ineligibility

BakerHostetler on

In an attempt to broaden a patent’s disclosure and provide Section 112 support for features that are not explicitly disclosed within the patent’s specification (such as reagents, assays, techniques, etc.), patent applications...more

Holland & Knight LLP

Patents on Measuring cfDNA to Detect Rejection of Transplanted Organs Held Invalid

Holland & Knight LLP on

When a person who has received an organ transplant experiences rejection, DNA from the transplanted organ is released into the bloodstream as the organ's cells are attacked by the person's immune system. The circulating DNA...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Further Elucidation of Domestic Dog Ancestry

An international cadre of scientists* from almost 70 institutions worldwide recently reported their findings in the scientific journal Nature that the domesticated dog (Canis familiaris) arose from two populations of...more

K&L Gates LLP

Delaware Jury Awards US$334 Million in DNA Sequencing Patent Trial

K&L Gates LLP on

BACKGROUND - This month, a Delaware federal jury determined that Illumina, Inc. (Illumina) willfully infringed two DNA sequencing patents owned by Complete Genomics, Inc. (CGI), while also invalidating three Illumina patents...more

MoFo Life Sciences

The “Big Bang” For Sequence Listings: New Requirements In Place July 1, 2022

MoFo Life Sciences on

Life sciences patent applications often contain DNA, RNA, and amino acid sequences in the specification, claims, or figures that are required to be provided in the form of a sequence listing. The inclusion of sequences in...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Opposition to Senior Party Sigma-Aldrich's Substantive Preliminary Motion No. 1 to Change Count in Interference No....

On November 19th, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,132, asking the Board to substitute the Count pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and...more

Spilman Thomas & Battle, PLLC

What was Fascinating in 2021 for Biotech

2021 was a fascinating year in biotech, especially for legal issues. Of course, 2021, as the second year of a global pandemic, must be viewed in context with 2020....more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to ToolGen Opposition to CVC Preliminary Motion No. 1

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,127 (which...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Opposition to Broad Preliminary Motion No. 1 to Change Interference Count

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126, where ToolGen is the Senior Party.  This...more

McDonnell Boehnen Hulbert & Berghoff LLP

Nautilus pompilius Genome Determined

Cephalopods are fascinating creatures, and their primary living representative -- the octopus -- has recently been the subject of the Academy Award winning documentary "My Octopus Teacher."  They are clearly intelligent (as...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 2 in Interference No. 106,127 to be...more

Haug Partners LLP

Federal Circuit Affirms Invalidity of Nanopore Sequencing Patents for Failing to Enable, and Affirms Denial of New Trial on the...

Haug Partners LLP on

On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware’s judgment that patents belonging to Pacific Biosciences of California (“PacBio”) were invalid for lack of enablement under 35 U.S.C. § 112. A...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Substantive Preliminary Motion No. 3 To Add Claims in ToolGen Patent

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 3 in Interference No. 106,127 (which...more

Fenwick & West LLP

Illumina’s Response Is Short and Sweet in Opposing Ariosa’s Petition for Certiorari

Fenwick & West LLP on

Illumina has now filed its brief in opposition, completing the certiorari petitions/responses for all parties in the concurrent American Axle and Ariosa patent eligibility cases. True to form, neither of the filings in...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion in Opposition to Broad Priority Motion

In its turn, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its motion in opposition to Senior Party The Broad Institute, Harvard...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Motion in Opposition to CVC Priority Motion

Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") filed its motion in opposition to Junior Party The University of California/Berkeley, the University...more

Kramer Levin Naftalis & Frankel LLP

Federal Circuit Holds Stanford’s Genetics Method Claims Abstract Under Section 101

On March 25, the Federal Circuit issued an opinion in In re Board of Trustees of the Leland Stanford Junior Univ., No. 2020-1288 (Fed. Cir. Mar. 25, 2021), affirming the Patent Trial and Appeal Board’s rejection of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Neanderthal Ancestors Can Be Human Guardian Angels for COVID Infection, Too

When it comes to SARS-CoV-2 infection (and resulting COVID-19), it seems our Neanderthal ancestors giveth and taketh away.  Genetic material inherited from interbreeding between Neanderthals and early humans has been shown to...more

McDonnell Boehnen Hulbert & Berghoff LLP

DNA from Pleistocene Era Mammoth Lineages Elucidated

The wooly mammoth (Mammuthus primigenius) is an iconic animal, like the saber tooth tiger or dire wolf, from a time in human history when our position at the top of the global food chain was decidedly not assured (and being...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Priority Motion in CRISPR Interference*

In the latest development in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party The University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

An Analytic Approach to Patent Eligibility

The transcendental conundrum in patent law in these times is how to overcome the misinterpretation of the Supreme Court's decisions on patent eligibility law by district courts and the Federal Circuit.  That these courts...more

McDonnell Boehnen Hulbert & Berghoff LLP

Appendiceal Cancer Shows Age-related Somatic Gene Variants with Potential Diagnostic Relevance

Cancer of the appendix is a very rare form of cancer, having an incidence of 0.12 per 1,000,000 person-years (Siegel et al., 2020, Cancer statistics 2020 70:7-30).  Incidence is rising (by 232% from 2000-2016 in the U.S.)...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Discloses Priority Evidence and Earliest Conception Date in Interference

Almost three weeks ago, on October 31st, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its priority motion in Interference No. 106,115,...more

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