Broad Files Motion Opposing CVC Motion for Misjoinder of Inventorship under 35 U.S.C. § 102(f)

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By Kevin E. Noonan — Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”) filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of unpatentability for all claims in interference under 35 U.S.C. § 102(f) or (if post-AIA) 35 U.S.C. § 115(a) for “failure to name all inventors of the alleged invention” against Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, “Broad”) in Interference No. 106,115. In support of its motion, CVC argued that Broad deliberately misidentified the inventors on its involved patents…