News & Analysis as of

Patent Trial and Appeal Board CRISPR United States Patent and Trademark Office

McDermott Will & Emery

Take That Conception Out of the Oven – It’s CRISPR Even If the Cook Doesn’t Know

McDermott Will & Emery on

Addressing the distinction between conception and reduction to practice and the requirement for written description in the unpredictable arts, the US Court of Appeals for the Federal Circuit explained that proof of conception...more

Foley Hoag LLP

A Super CRISPR Week – the Week of May 12, 2025: Patent Battles, Clinical Milestones, and Next-Gen Tools

Foley Hoag LLP on

Key Takeaways: Federal Circuit Reopens CRISPR-Cas9 Priority Fight. The CAFC vacated the PTAB’s earlier ruling that UC lacked prior conception of CRISPR-Cas9 in eukaryotic cells, remanding the interference for reconsideration...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

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

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

The CRISPR Chronicles: Enter Toolgen

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2020: #5 to #8

After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories.  For 2020, we identified eight stories that were covered on Patent Docs last year that we believe...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Substantive Motion No. 3 (for Improper Inventorship) and Broad Opposes

Last fall the Patent Trial and Appeal Board, in Interference no. 106,115, granted leave to Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") to file...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of California/Berkeley et al. Authorized to File Motion Opposed to Broad Substantive Motion No. 1

In a brief Order issued September 25, 2019, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board authorized the Junior Party (the University of California, Berkeley; the University of Vienna; and Emmanuelle...more

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Interference Parties Propose Motions

The parties (University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier, Junior Party, and The Broad Institute, Massachusetts Institute of Technology, and Harvard University, Senior Party) to the...more

Patterson Belknap Webb & Tyler LLP

Sigma-Aldrich Files “Urgent” Petition for Patent Interference on CRISPR-Cas9

On July 19, 2019, Sigma-Aldrich filed a petition with the Director of the U.S. Patent and Trademark Office (“USPTO”) and the Chief Administrative Patent Judge (“CAPJ”) of the Patent Trial and Appeal Board (“PTAB”) seeking an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Wants Its Piece of CRISPR Pie

On Friday, July 19, 2019, Sigma-Aldrich filed a self-described "extraordinary" petition to the Director of the U.S. Patent and Trademark Office (under 37 C.F.R. §§ 1.181-1.183) and the Chief Judge of the PTAB (under 37 C.F.R....more

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Battle Joined Again

On June 24th, the U.S. Patent and Trademark Office declared an interference between patents (and an application) assigned to the Broad Institute (and other institutions) and applications assigned to the University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2018: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

McDonnell Boehnen Hulbert & Berghoff LLP

Whither CRISPR? University of California/Berkeley Granted Another CRISPR Patent

The U.S. Patent and Trademark Office granted U.S. Patent No. 10,113,167 today, October 30, 2018, to the University of California/Berkeley, directed to an aspect of its CRISPR technology (where CRISPR is an acronym for...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of California/Berkeley Appeals Adverse CRISPR Decision by PTAB

In February, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the University...more

A&O Shearman

Round one of the U.S. CRISPR patent battle is over - but what does the PTAB's no interference-in-fact decision really mean?

A&O Shearman on

On 15 February 2017 the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trade Mark Office (USPTO) delivered judgment in the interference proceedings between the University of California Berkeley (UCB) and the...more

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