Federal Circuit Affirms PTAB Determination Of No Interference-In-Fact Between University Of California And Broad Institute Over CRISPR-Cas9 Technology

Venable Fitzpatrick Case Update
September 10, 2018

On September 10, 2018, Judges Prost, Schall and Moore of the Federal Circuit, in University of California v. Broad Institute, Inc., No. 2017-1907, affirmed the Patent Trial and Appeal Board’s determination that there was no interference-in-fact between the University of California’s patent application No. 13/842,859 and twelve patents and one patent application owned by the Broad Institute, MIT, and Harvard (collectively “Broad”), concerning CRISPR-Cas9 technology.  In so doing, the Federal Circuit upheld the PTAB’s underlying finding that, “given the differences between eukaryotic and prokaryotic systems, a person of ordinary skill in the art would not have had a reasonable expectation of success in applying the CRISPR-Cas9 system in eukaryotes.”

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