Patent Trial and Appeal Board

ToolGen Files Opposition to Broad Contingent Preliminary Motion No. 2 to Add Claims Corresponding to the Count

By Kevin E. Noonan — On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, “Broad”) filed its Contingent Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order (“SO”) 203.2. This motion is contingent on …

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ToolGen Files Opposition to Broad Preliminary Motion No. 3 to De-Designate Claims as Corresponding to Either Interference Count

By Kevin E. Noonan — On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, “Broad”) filed its Substantive Preliminary Motion No. 3 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party). This motion, pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1) requested that the Board de-designate Broad claims in …

ToolGen Files Opposition to Broad Preliminary Motion No. 3 to De-Designate Claims as Corresponding to Either Interference Count Read More »

ToolGen Files Opposition to Broad Preliminary Motion No. 1 to Change Interference Count

By Kevin E. Noonan — 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 Motion shared many similarities to a similar motion filed in Broad’s Interference No. 106,115 against the University …

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Broad Files Opposition to ToolGen Substantive Preliminary Motion No. 1

By Kevin E. Noonan — On May 20th, ToolGen filed its Substantive Motion No. 1 for benefit of priority in Interference No. 106,126, which names ToolGen as Senior Party and as Junior Party The Broad Institute, the Massachusetts Institute of Technology, and the President and Fellows of Harvard College (collectively, “Broad”). On August 6th, Broad …

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ToolGen Files Opposition to CVC Contingent Responsive Preliminary Motion No. 1

By Kevin E. Noonan — 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. 1 in Interference No. 106,127 to be accorded benefit of priority to U.S. Patent Application No. 13/842,859, filed March 15, 2013, or in the alternative …

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ToolGen Files Opposition to CVC Substantive Preliminary Motion No. 3 to Add Claims in ToolGen Patent

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to add claims in ToolGen’s U.S. Patent …

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The Federal Circuit Addresses Commercial Success

By Michael Borella — In academic settings, objective indicia of non-obviousness are sometimes presented as a common way of rebutting contentions that a claimed invention is obvious. These indicia, set forth in Graham v. John Deere Co. and reiterated in KSR Int’l Co. v. Teleflex, Inc., include commercial success, long felt but unsolved needs, unexpected …

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

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to deny ToolGen benefit of priority to …

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

ToolGen Files Opposition to CVC Substantive Preliminary Motion No. 1 for Priority Benefit

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board for benefit of priority to U.S. Provisional …

ToolGen Files Opposition to CVC Substantive Preliminary Motion No. 1 for Priority Benefit Read More »

CVC Files Opposition to ToolGen’s Substantive Preliminary Motion No. 2

By Kevin E. Noonan — In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, “CVC”) priority benefit to its U.S. Provisional Application No. 61/757,640, filed January 28, 2013 (“Provisional 3”), pursuant to 37 C.F.R. §§ …

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Broad Files Substantive Preliminary Motion No. 3 in CRISPR Interference

By Kevin E. Noonan — On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, “Broad”) filed its Substantive Preliminary Motion No. 3 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party). This motion, pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1) requests that the Board de-designate Broad claims in …

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Broad Files Contingent Preliminary Motion No. 2 in CRISPR Interference

By Kevin E. Noonan — On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, “Broad”) filed its Contingent Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order (“SO”) 203.2. This motion is contingent on …

Broad Files Contingent Preliminary Motion No. 2 in CRISPR Interference Read More »

Broad Files Substantive Preliminary Motion No. 1 in CRISPR Interference

By Kevin E. Noonan — 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). While this Motion shares many similarities to a similar motion filed in Broad’s interference against the University of …

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PTAB Denies Two CVC Requests Regarding Motions

By Kevin E. Noonan — Recently, the Patent Trial and Appeal Board denied two requests by Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”) in Interference No. 106,115. In the first, CVC asked a conference call to discuss its renewed request for leave to file a motion against Senior …

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CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

By Kevin E. Noonan — 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 accorded benefit of priority to U.S. provisional application No. 13/842,859, filed March 15, 2013, pursuant to 37 C.F.R. …

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2 Read More »

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

By Kevin E. Noonan — 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 accorded benefit of priority to U.S. provisional application No. 13/842,859, filed March 15, 2013, pursuant to 37 C.F.R. …

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2 Read More »

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

By Kevin E. Noonan — 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 accorded benefit of priority to U.S. provisional application No. 13/842,859, filed March 15, 2013, pursuant to 37 C.F.R. …

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2 Read More »

CVC Substantive Preliminary Motion No. 3 To Add Claims in ToolGen Patent

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to add claims in ToolGen’s U.S. Patent …

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CVC Substantive Preliminary Motion No. 2 to Deny Priority Benefit

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to deny ToolGen benefit of priority to …

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CVC Substantive Preliminary Motion No. 1 for Priority Benefit

By Kevin E. Noonan — 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 names ToolGen as Senior Party), asking the Patent Trial and Appeal Board for benefit of priority to U.S. provisional …

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

By Kevin E. Noonan — In Interference No. 106,115 between Senior Party the Broad Institute (joined by Harvard University and MIT) and Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, “CVC”), the Patent Trial and Appeal Board granted CVC’s Preliminary Motion for benefit of priority to U.S. Provisional …

ToolGen Files Substantive Preliminary Motion No. 2 to Deny CVC of Priority Benefit Read More »

CVC Opposes Broad’s Motion to Exclude Evidence and Broad Files Reply

By Kevin E. Noonan — Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”) and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, “Broad”) each filed Motions to Exclude Evidence in Interference No. 106,115. Now CVC has filed its Opposition to Broad’s …

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Broad Opposes CVC’s Motion to Exclude Evidence and CVC Files Reply

By Kevin E. Noonan — Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”) and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, “Broad”) each filed Motions to Exclude Evidence in Interference No. 106,115. Now Broad has filed its Opposition to CVC’s …

Broad Opposes CVC’s Motion to Exclude Evidence and CVC Files Reply Read More »

CRISPR Interference Parties File Motions to Exclude Evidence and for Oral Hearing

By Kevin E. Noonan — Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”) and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, “Broad”) each filed Motions to Exclude Evidence and Requests for Oral Hearing in Interference No. 106,115. CVC’s motion to exclude is directed …

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Broad Files Reply to CVC’s Opposition to Broad’s Priority Motion

By Kevin E. Noonan — Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) recently filed its reply to Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) opposition to its motion for priority in Interference No. 106,115. CVC’s opposition raised two grounds …

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Broad Files Reply to CVC’s Opposition to Broad’s Contingent Motion to Correct Inventorship

By Kevin E. Noonan — Last month, Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, “Broad”) filed its reply to an opposition to Broad’s motion to correct inventorship filed by Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, “CVC”), which was filed as a contingent …

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CVC Files Reply to Broad’s Opposition to CVC Motion for Misjoinder of Inventorship under 35 U.S.C. § 102(f)

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 …

CVC Files Reply to Broad’s Opposition to CVC Motion for Misjoinder of Inventorship under 35 U.S.C. § 102(f) Read More »

CVC Files Reply to Broad’s Opposition to CVC’s Priority Motion

By Kevin E. Noonan — Last week, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) filed its reply to Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) motion in opposition (see “Broad Files Motion in Opposition to CVC Priority Motion”) to …

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ToolGen Files Protective Orders in CRISPR Interferences

By Kevin E. Noonan — Senior Party ToolGen Inc. has filed a protective order in each of Interference Nos. 106,126 (naming as Junior Party the Broad Institute, Massachusetts Institute of Technology, and Harvard University) and 106,127 (naming as Junior Party University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier, collectively “CVC”) (‘126 protective order and …

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CVC Files Motion Opposing Broad Motion to Correct Inventorship

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 …

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

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 …

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

CVC Files Motion in Opposition to Broad Priority Motion

By Kevin E. Noonan — 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 University, and the Massachusetts Institute of Technology (collectively, “Broad”) motion for priority in Interference No. 106,115. CVC’s motion challenges Broad’s …

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Broad Files Motion in Opposition to CVC Priority Motion

By Kevin E. Noonan — 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 of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) motion for priority in Interference No. 106,115. Although Broad argued in its own priority …

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Time Periods in Toolgen Interferences Extended by Party Stipulation

By Kevin E. Noonan — 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 with The Broad Institute, the Massachusetts Institute of Technology, and Harvard College as Junior …

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CRISPR Chronicles Continue

By Kevin E. Noonan — While those interested in the outcome await the April 9th filing of motions authorized by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) in Interference Nos. 106,126 (between Senior Party Toolgen Inc. and Junior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology, …

CRISPR Chronicles Continue Read More »

CRISPR Chronicles Continue

By Kevin E. Noonan — While those interested in the outcome await the April 9th filing of motions authorized by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) in Interference Nos. 106,126 (between Senior Party Toolgen Inc. and Junior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology, …

CRISPR Chronicles Continue Read More »

PTAB Sets Preliminary Motions in Broad v. ToolGen Interference

By Kevin E. Noonan — On March 1st, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued its Order on the Preliminary Motions Lists submitted by Junior Party The Broad Institute, the Massachusetts Institute of Technology, and the President and Fellows of Harvard College (collectively, “Broad”) and Senior Party ToolGen Inc., …

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PTAB Sets Preliminary Motions in CVC v. ToolGen Interference

By Kevin E. Noonan — On March 1st, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued its Order on the Preliminary Motions Lists submitted by Junior Party University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) and Senior Party ToolGen Inc. in Interference No. 106,127. (Somewhat curiously, the …

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U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant?

By James Lovsin — As discussed here, the Justices asked many questions in the oral argument in Arthrex this week on both questions: (1) whether there was an Appointments Clause defect and (2) if so, whether the Federal Circuit properly cured it. With respect to the first question, several of the Justices appeared skeptical that …

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U.S. v. Arthrex: Supreme Court Oral Argument

By Kevin E. Noonan — The Supreme Court heard argument on Monday in U.S. v. Arthrex, involving the question of whether appointment of Administrative Patent Judges (APJs) and their authority under the Leahy-Smith America Invents Act violates the Appointments Clause of the Constitution. Both the Government and Smith & Nephew, who lost this argument below, …

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The Toolgen Interference: Broad Preliminary Motions List

By Kevin E. Noonan — Senior Party Toolgen and Junior Parties The Broad Institute, Massachusetts Institute of Technology, and Harvard University (collectively, “Broad”) in Interference No. 106,126 and University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) in Interference No. 106,127 each filed Lists of Proposed Motions that the Board considered recently …

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The Toolgen Interference: Preliminary Motions Lists

By Kevin E. Noonan — Senior Party Toolgen and Junior Parties The Broad Institute, Massachusetts Institute of Technology, and Harvard University (collectively, “Broad”) in Interference No. 106,126 and University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) in Interference No. 106,127, each filed Lists of Proposed Motions that the Board considered last …

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The Toolgen Interference: CVC Preliminary Motions List

By Kevin E. Noonan — Senior Party Toolgen and Junior Parties The Broad Institute, Massachusetts Institute of Technology, and Harvard University (collectively, “Broad”) in Interference No. 106,126 and University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) in Interference No. 106,127 each filed Lists of Proposed Motions that the Board considered today …

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The CRISPR Chronicles: Enter Toolgen

By Kevin E. Noonan — 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 University, and the Massachusetts Institute of Technology (collectively, “Broad”) and The University of California/Berkeley, the University of …

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PTAB Grants CVC Motion for Marraffini Deposition

By Kevin E. Noonan — The Patent Trial and Appeal Board (PTAB) entered an Order on Tuesday regarding the motion by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) in Interference No. 106,115, for leave to subpoena discovery from Luciano Marraffini and Shuailiang Lin, neither of whom is …

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Top Four Stories of 2020

By Donald Zuhn –- 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 had (or are likely to have) a significant impact on patent practitioners and …

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

By Kevin E. Noonan — 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 that message upon learning that the Patent Trial and …

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

Top Stories of 2020: #5 to #8

By Donald Zuhn –- 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 had (or are likely to have) a significant impact on patent practitioners and …

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CVC Files Reply to Broad’s Opposition to CVC’s Miscellaneous Motion No. 6; Board Issues Orders

By Kevin E. Noonan — Motion practice continues 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 California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”), with CVC filing on January 6th its Reply to Broad’s opposition …

CVC Files Reply to Broad’s Opposition to CVC’s Miscellaneous Motion No. 6; Board Issues Orders Read More »

Broad Files Priority Motion in CRISPR Interference*

By Kevin E. Noonan — 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 California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”), Broad filed its priority motion (which, as Senior Party they …

Broad Files Priority Motion in CRISPR Interference* Read More »

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

By Kevin E. Noonan — 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 a dispositive motion for improper inventorship against Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute …

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

Broad Files Motion Opposing CVC’s Motion to Subpoena Witnesses

By Kevin E. Noonan — At the end of October, 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 California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”), the Patent Trial and Appeal Board (PTAB) consented to …

Broad Files Motion Opposing CVC’s Motion to Subpoena Witnesses Read More »

CVC Discloses Priority Evidence and Earliest Conception Date in Interference

By Kevin E. Noonan — 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, setting forth for the first time its earliest conception date (March 1, 2012) and evidence of that conception for practicing …

CVC Discloses Priority Evidence and Earliest Conception Date in Interference Read More »

CRISPR Housekeeping

By Kevin E. Noonan — 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, “Broad”) and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) have filed …

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Supreme Court to Consider Constitutional Propriety of Appointment of PTAB Judges

By James Lovsin — Today, the Supreme Court granted petitions for a writ of certiorari to review the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., in which the court of appeals held how administrative patent judges were appointed to the Patent Trial and Appeal Board (“PTAB”) violated the Appointments Clause of …

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PTAB Grants Broad Motion No. 4 for Priority Benefit to U.S. Provisional Application No. 61/736,527

By Kevin E. Noonan — In the Patent Trial and Appeal Board’s decision on motions issued September 10th in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”) between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) and Junior Party the University of California/Berkeley, the University …

PTAB Grants Broad Motion No. 4 for Priority Benefit to U.S. Provisional Application No. 61/736,527 Read More »

PTAB Denies Broad Motion No. 3 to De-designate Claims as Not Corresponding to Count No. 1

By Kevin E. Noonan — In the Patent Trial and Appeal Board’s decision on motions issued September 10th in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”) between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) and Junior Party the University of California/Berkeley, the University …

PTAB Denies Broad Motion No. 3 to De-designate Claims as Not Corresponding to Count No. 1 Read More »

CVC Takes Its Turn at Filing Dispositive Motion to End Interference

By Kevin E. Noonan — For those with long memories, last August the Patent Trial and Appeal Board received proposed motions from 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) in Interference No. 106,115. Thereafter, the …

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PTAB Denies Broad Motion No. 2 to Substitute the Interference Count

By Kevin E. Noonan — In the Patent Trial and Appeal Board’s decision on motions issued September 10th in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”) between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) and Junior Party the University of California/Berkeley, the University …

PTAB Denies Broad Motion No. 2 to Substitute the Interference Count Read More »

Claim Construction by PTAB in CRISPR Interference Decision

By Kevin E. Noonan — Judge Giles Sutherland Rich’s most famous aphorism in patent law is “the name of the game is the claim.”* This rubric is important to keep in mind when considering the Patent Trial and Appeal Board’s decision on motions issued September 10th in Interference No. 106,115 (see “PTAB Decides Parties’ Motions …

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PTAB Decision Denying Broad’s Substantive Motion No. 1 in CRISPR Interference

By Kevin E. Noonan — On September 10th, the Patent Trial and Appeal Board rendered its decision on the parties’ Motions in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”). Perhaps the decision of most immediate significance was the Board’s decision denying the Senior Party’s (The Broad Institute, Harvard University, and the …

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USPTO Initiates Fast-Track Appeals Pilot Program

By Donald Zuhn — In a notice published in the Federal Register last month (85 Fed. Reg. 39888), the U.S. Patent and Trademark Office announced that it was initiating a Fast-Track Appeals Pilot Program, to provide for the advancement of applications out of turn in ex parte appeals before the Patent Trial and Appeal Board. …

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Arthrex Files Certiorari Petition in Arthrex case

By Kevin E. Noonan — Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government and Smith & Nephew). The Questions Presented are: 1. Whether the …

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U.S. Government Petitions for Certiorari in Arthrex Case

By Kevin E. Noonan — Last fall, the Federal Circuit decided in Arthrex, Inc. v. Smith & Nephew, Inc. that Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB) were principal officers and thus had been improperly appointed under the Appointments Clause, and accordingly vacated a PTAB determination in an inter …

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Smith & Nephew File Certiorari Petition in Arthrex Case

By Kevin E. Noonan — While the Federal Circuit’s decision last fall in Arthrex, Inc. v. Smith & Nephew, Inc. raised issues about the appointment of Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB), it should be remembered that it also wiped out a PTAB decision in favor of Smith …

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In re Boloro Global Ltd. (Fed. Cir. 2020)

Federal Circuit Extends Arthrex to Patent Prosecution By James Lovsin and Alexa Giralamo* — This week, the Federal Circuit extended its holding in Arthrex, Inc. v. Smith & Nephew, Inc., that administrative patent judges (“APJs”) were improperly appointed in violation of the Appointments Clause, to ex parte proceedings in In re Boloro Global Limited. Under …

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