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Patent Litigation DNA Life Sciences

McDonnell Boehnen Hulbert & Berghoff LLP

DNA Genotek Inc. v. Spectrum Solutions LLC (Fed. Cir. 2025)

Sometimes important contributions to innovation can come from the mundane rather than the extraordinary. One (perhaps apocryphal) example comes from the story of the early development of television by Philo Farnsworth (the...more

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

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

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

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

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

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

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Housekeeping

Since the Patent Trial and Appeal Board (PTAB) rendered its decisions on Motions in Interference No. 106,115, Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more

Fox Rothschild LLP

Illumina v. Ariosa: Carving Out A New “Bucket” Of Section 101 Patent Eligible Claims

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Case Summary- On March 17, 2020, the Federal Circuit found that patents claiming methods of preparing an extracellular fraction of cell-free DNA that is enriched in fetal DNA were patent eligible and not invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Sets Date for Oral Argument in CRISPR Interference

On April 20th, the Patent Trial and Appeal Board (PTAB) set oral argument 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

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 Reply No.1 to Broad's Opposition No. 1 to CVC's Motion No.1 to Be Accorded Benefit of Priority

March 23rd was a busy day at the Patent Trial and Appeal Board (PTAB) regarding Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion in Opposition to Broad's Substantive Motion No. 4

On January 9th, 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 (joined by...more

Proskauer - New England IP Blog

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling this...more

Morris James LLP

Claims Are Construed After Interference Proceedings

Morris James LLP on

The court first determines that when a party is challenging a claim’s compliance with the written description requirement during an interference, the originating disclosure provides the meaning of the pertinent claim...more

Foley & Lardner LLP

Institut Pasteur Obtains Reversal of USPTO Board Decision of Obviousness of Eukaryotic Site-Directed Mutagenesis Methods

Foley & Lardner LLP on

In Institut Pasteur v. Focarino, the Federal Circuit found that the obviousness determination by the USPTO Board of Patent Appeals and Interferences was not supported by substantial evidence, and rested on an “erroneous...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2013: #7 to #10

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report -- December 08, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astrazeneca AB et al. v. Aurobindo Pharma Ltd. et al. 3:13-cv-07298; filed December 3, 2013 in the District Court of New...more

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