News & Analysis as of

CRISPR Prior Art Life Sciences

McDermott Will & Schulte

In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

McDermott Will & Schulte

CRISPR Clarity: Enablement Is Analyzed Differently Under §§ 102 and 112

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

A&O Shearman

Federal Circuit Affirms Patent Trial And Appeal Board Decision, Finding Claims Of Patents Covering CRISPR Guide RNA Technology As...

A&O Shearman on

On June 11, 2025, the United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision invalidating two patents owned by Agilent Technologies. The patents at issue, U.S. Patent...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

CVC Files Reply to Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 3 in Interference No....

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. 3 in Interference No. 106,132...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

CVC Files Substantive Preliminary Motion No. 3 to Substiture the Count

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. 3 in Interference No. 106,132...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, CVC Opposes, and ToolGen Replies in Interference No. 106,127

In its turn, on September 17th, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to ToolGen's Opposition to CVC Preliminary Motion No. 3

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

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Opposition to 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

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

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: European CVC CRISPR Patent Revoked Because of Invalid Priority Claim

While many patiently await developments in the pending U.S. interference proceedings relating to the CRISPR patents in the U.S., matters are progressing in Europe.  The Opposition Division (OD) of the European Patent Office...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Reply No. 3 to CVC's Opposition No. 3 to Broad's Motion No. 3 to De-designate Claims as Not Corresponding to Count No. 1

On March 23rd, Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") filed its Reply to Junior Party the University of California/Berkeley, the University...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion to Exclude Broad Evidence; Broad Opposes

The latest installment in the cat-and-mouse game of deciding priority in Interference No 106,155 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...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

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms PTAB Holding of No Interference in Fact in CRISPR Interference, Leaving Both Sides Free to License Their...

On September 10, 2018, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board (PTAB) determining that there was no interference in fact between the University of California’s (“UC”) U.S. Patent...more

Knobbe Martens

UC v. Broad Institute: No Interference-In-Fact in CRISPR Genome Editing Applications

Knobbe Martens on

Federal Circuit Summary - On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent Trial and Appeal Board (PTAB)’s determination of no...more

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