United States:
CAFC Affirms No Interference-In-Fact In University Of California V. Broad Institute
11 October 2018
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
To print this article, all you need is to be registered or login on Mondaq.com.
In
University of California v. Broad Institute, Inc., No.
2017-1907 (Fed. Cir. Sept. 10, 2018), the CAFC affirmed
the PTAB's holding that there was no interference-in-fact
between a pending University of California patent application and
the claims of twelve patents and one application owned by Broad.
The PTAB had found that Broad's claims directed to the use of a
CRISPR-Cas9 system in eukaryotic cells were separately patentable
over the University of California's claims that did not refer
to a particular cell type or environment. On appeal, the CAFC held
the PTAB had properly considered the lack of specific instructions
in the prior art describing how to apply CRISPR-Cas9 in eukaryotic
cells in conjunction with additional evidence supporting the
PTAB's determination. Further discussion of the decision can be
found on Finnegan's
Federal Circuit IP Blog.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Intellectual Property from United States
USPTO Embraces AI Tools In New Guidance
Crowell & Moring LLP
On April 11, 2024, the USPTO published its "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States" in the Federal Register (the "Guidance"). As the title suggests...
Breaking Down The EPO's Revised Practice Guidelines
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The guidelines for examination in the European Patent Office instruct on the practice and procedure related to the examination of European patent applications...
USPTO Issues Guidance On Use Of AI-Based Tools
Greenberg Traurig, LLP
On April 11, 2024, the U.S. Patent and Trademark Office (USPTO) issued Guidance on Use of Artificial-Intelligence-Based Tools (Guidance), which applies existing rules and policies...