News & Analysis as of

Interference Claims Patent Trial and Appeal Board Life Sciences

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

Morgan Lewis

Federal Circuit: Only Minimal Evidence Needed to Satisfy Corroboration Requirement in Priority Contests

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently held that the Patent Trial and Appeal Board correctly considered evidence of multiple witnesses to be sufficient in corroborating actual reduction to practice when...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Rules on Preliminary Motions in Interference No. 106,133

On December 14th*, the Patent Trial and Appeal Board rendered its decision on Preliminary Motions in Interference No. 106,133 between Senior Party Sigma-Aldrich and Junior Party The Broad Institute, Harvard University, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dionex Softron GmbH v. Agilent Technologies, Inc. (Fed. Cir. 2023)

As the dodo of patent practice, the number of interferences has been steadily dwindling since enactment of the Leahy-Smith America Invents Act in 2012 abolished the practice in favor of a "first inventor to file" regime and a...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Redeclares Interference No. 106,132 and Suspends Priority Phase Proceedings

On December 14th, the Patent Trial and Appeal Board (PTAB) rendered its Decision on Motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma") and Junior Party the University of California/Berkeley, the...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Decides Parties' Motions in CRISPR Interference

Having heard oral argument at a hearing held on Monday, November 21st, the Patent Trial and Appeal Board on December 14th entered its decision on motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma")...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Arguments Scheduled in CRISPR Interferences

On October 24th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings for interferences between Sigma-Aldrich (Senior Party) and Junior Party The Regents of the University of California, University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Appeal Brief in Interference No. 106,115

The Patent Trial and Appeal Board (like its predecessor, the Board of Patent Appeals and Interferences or BPAI) occasionally renders an opinion having the tendency to raise an eyebrow or two, which on occasion has led the...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Renders Decisions in Interference No. 106,126

On September 18, 2022, the Patent Trial and Appeal Board denied all preliminary motions by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and Senior Party ToolGen in Interference No....more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Hearing in Interference No. 106,127

The PTAB held an Oral Hearing between Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party ToolGen on September 12th, bringing to a close...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Broad Preliminary Motion No. 3 in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Substantive Preliminary Motion No. 1 in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party CVC Files Reply to Sigma-Aldrich's Opposition to Its Preliminary Motion No. 4

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed Substantive Preliminary Motion No. 4* in Interference No. 106,132,...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Sigma-Aldrich Opposition to CVC Substantive Preliminary Motion No. 1 to be Accorded Priority Benefit

On November 19th, 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. 106,132...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senior Party Sigma-Aldrich Files Opposition to Junior Party's Preliminary Motion No. 3 in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senior Party Sigma-Aldrich Files Opposition to Broad Contingent Motion No. 2

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 2 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Awards Priority for CRISPR-Cas9 Systems in Eukaryotic Cells to Broad Institute, MIT and Harvard

In its latest decision in a series of interferences related to the CRISPR gene-editing system, the Patent Trial and Appeal Board (PTAB) granted priority to The Broad Institute, MIT and Harvard (collectively, “Broad”) for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 4 in Interference No. 106,132

On February 18th, Senior Party Sigma-Aldrich filed its Opposition to Substantive Preliminary Motion No. 4* from the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively,...more

Morgan Lewis

PTAB Issues Decision Awarding Priority of Invention of CRISPR Gene Editing Patents to Broad Institute

Morgan Lewis on

The Patent Trial and Appeal Board issued a decision on February 28 awarding priority of invention of foundational CRISPR gene editing patents to the Broad Institute, Massachusetts Institute of Technology, and Harvard...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Grants Priority for Eukaryotic CRISPR to Broad in Interference No. 106,115

In an 82-page decision, the Patent Trial and Appeal Board granted priority for eukaryotic CRISPR to the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and against Junior Party the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Files Substantive Preliminary Motion No. 2 to Remove Broad Application from Interference

On December 3rd, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 2 in Interference No. 106,133 (which names the Broad Institute, Harvard University, and MIT (collectively, Broad) as Junior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Files Substantive Preliminary Motion No. 1 to Deny Broad Priority Benefit to Its Earliest-filed Provisional...

On December 3rd, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names the Broad Institute, Harvard University, and MIT (collectively, Broad) as Junior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Substantive Preliminary Motion No. 3 to Designate Claims as not Corresponding to Count in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Hears Oral Argument in Interference No. 106,115

The Patent Trial and Appeal Board heard oral argument under 37 C.F.R. § 41.124(c) on February 4th in the Priority Phase of Interference No. 106,115 between the Broad Institute, Harvard University, and MIT (collectively,...more

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