Next Steps After Broad Institute's Big Gene-Editing Patent Win

Law360, New York (February 16, 2017, 11:29 AM EST) -- Brian W. Nolan

Colleen Tracy James The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has been thrust into a dispute pitting University of California, Berkeley (“UC”) and the University of Vienna against the Broad Institute of MIT and Harvard (“Broad Institute”). The technology at the center of the dispute is a gene-editing tool called CRISPR-Cas9, and the PTAB’s decision could leave the winner holding a patent portfolio worth billions of dollars. In the first round of this dispute, the PTAB handed the Broad Institute a resounding victory by declaring that the Broad Institute is entitled to claims for...

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