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United States Patent and Trademark Office › Interference Claims

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Jones Day

PTAB Doubles Down on Interference Estoppel Issue

Jones Day on

The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...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 Holds for Broad in CRISPR Interference: The Reasoning

McDonnell Boehnen Hulbert & Berghoff LLP on

Inventorship determinations have been called, in some of their incarnations, "one of the muddiest concepts in the muddy metaphysics of patent law."  Mueller Brass Co. v. Reading Indus., 352 F. Supp. 1357, 1372 (E.D. Pa....more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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

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

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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

ToolGen Files Opposition to CVC Substantive Preliminary Motion No. 2 to Deny Priority Benefit

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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. 2 in Interference No. 106,127 (which...more

McDonnell Boehnen Hulbert & Berghoff LLP

Time Periods in Toolgen Interferences Extended by Party Stipulation

McDonnell Boehnen Hulbert & Berghoff LLP on

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has issued a notice of extension of certain deadlines by party stipulation in the two interferences involving ToolGen Inc. as Senior Party (No. 106,126...more

McDonnell Boehnen Hulbert & Berghoff LLP

The CRISPR Chronicles: Enter Toolgen

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The U.S. Patent and Trademark Office Patent Trial and Appeal Board has declared interferences individually between Toolgen as Senior Party and as Junior Party the parties in the pending interference, Broad Institute, Harvard...more

McDonnell Boehnen Hulbert & Berghoff LLP

Separate Interferences Declared between Toolgen and Broad and CVC over CRISPR Priority Question

McDonnell Boehnen Hulbert & Berghoff LLP on

One of the most notable movie taglines, "Just when you thought it was safe to go back in the water," was used to market the sequel to the original summer blockbuster movie, Jaws. It is perhaps impossible to not think of...more

McDermott Will & Emery

Patent Term Adjustment Denied for Interference-Related Delays

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the US Patent and Trademark Office’s (PTO’s) calculation of patent term adjustment (PTA), finding that for purposes of PTA, time spent on a requested continued...more

Foley & Lardner LLP

RCE PTA Carve-Out Resumes After Interference

Foley & Lardner LLP on

In Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit agreed with the USPTO’s Patent Term Adjustment (PTA) calculation that excluded prosecution that occurred after an interference was decided...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

McDonnell Boehnen Hulbert & Berghoff LLP

In re Commonwealth Scientific & Industrial Research Organization, Bayer Cropscience NV (Fed. Cir. 2015)

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Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents Act, but they are not...more

Foley & Lardner LLP

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

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On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

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