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Interference Claims Pharmaceutical Patents

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Files Reply to Broad’s Opposition to Sigma's Substantive Preliminary Motion No. 1 to Deny Priority Benefit in...

On December 3rd, Senior Party Sigma-Aldrich filed its Preliminary Motion No. 1 that asked the Board to deny the Broad Institute, Harvard University, and MIT (collectively, Broad) benefit of its U.S. Provisional Application...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senior Party Sigma-Aldrich Files Reply to Junior Party CVC'S Opposition to Its Substantive Preliminary Motion No. 1 to Change...

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

McDonnell Boehnen Hulbert & Berghoff LLP

Senior Party Sigma-Aldrich Files Opposition to Junior Party 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

Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 3 in Interference No. 106,132

On February 18th, Senior Party Sigma-Aldrich filed its Opposition to Substantive Preliminary Motion No. 3 from the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively,...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

On February 18th, Sigma-Aldrich filed its Opposition to Junior Party's (the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC") Substantive Preliminary Motion No. 1...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Files Substantive Preliminary Motion 1 to Change the Count in Interference No. 106,132

On November 19th, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,132 (where the Broad Institute, Harvard University and MIT, collectively, "Broad" is the Junior Party)...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Sets Motions and Times in CVC vs. Sigma Interference No. 106,132

Following a telephone conference held on August 16th (a transcript of which can be found here) between the Board and representatives of Junior Party the University of California/Berkeley, the University of Vienna, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich and CVC Propose Preliminary Motions in CRISPR Interference No. 106,132

The parties in Interference No. 106,132, namely Senior Party Sigma-Aldrich and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC"), filed their...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich and Broad Propose Preliminary Motions in Recent CRISPR Interference No. 106,133

The parties in Interference No. 106,133, namely Senior Party Sigma-Aldrich and Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad"), filed their respective lists of proposed preliminary...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Reply to ToolGen Opposition to Broad's Contingent Preliminary Motion No. 2

On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") filed its Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), contingent on the...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Reply to Broad Opposition to ToolGen Preliminary Motion No. 1

On May 20th, Senior Party ToolGen filed its Substantive Motion No. 1 for benefit of priority to U.S. Provisional Application No. 61/837,481, filed June 20, 2013 ("P3" or "ToolGen 5 P3"), or alternatively, International...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Reply Brief to CVC's Opposition to its Substantive Preliminary Motion No. 2

In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") priority...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Opposition to CVC Contingent Responsive Preliminary Motion No. 1

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. 1 in Interference No. 106,127 to be...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Opposition to ToolGen's Substantive Preliminary Motion No. 2

In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") priority...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion No. 3 in Opposition to Broad's Substantive Motion No. 3 to De-designate Claims as Not Corresponding to Count No....

On January 9th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed a Motion in Opposition to Senior Party The Broad Institute, Harvard...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Submits Motion No. 2 in Opposition to Broad's Substantive Motion No. 2 to Substitute the Count

Continuing explication of the motions submitted on January 9th to the U.S. Patent and Trademark Office Patent Trial and Appeal Board in Interference No. 106155 between Senior Party The Broad Institute, Harvard University, and...more

McDermott Will & Emery

Mismatch Between Claims and Specification Leads to Invalidity

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) invalidity decision in an interference proceeding, finding that the written description of the patent at issue did not describe...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the...more

Foley & Lardner LLP

PTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference

Foley & Lardner LLP on

On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date. First, it heard...more

Snell & Wilmer

Idenix seen as unlikely to prevail against Gilead in HCV patent interference

Snell & Wilmer on

Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective hepatitis C (HCV)...more

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