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Biotech Cos. Must Respect Coexisting Gene Editing Patents

Law360 (September 18, 2018, 2:53 PM EDT) -- A legal dispute over the fundamental patent rights to CRISPR-Cas9 gene editing technology might be coming to an end. On Monday, Sept. 10, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. Patent and Trademark Office, dismissing a challenge by the University of California, Berkeley, on CRISPR-Cas9 technology.

In its decision in favor of the Broad Institute, the Federal Circuit determined that “the [USPTO] did not err in concluding that Broad [Institute of MIT and Harvard]’s claims would not have been obvious over UC’s claims.” The decision will have wide implications — both for researchers...

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