The University of California (UC) has fired another legal salvo in the prolonged patent battle over CRISPR, the revolutionary gene-editing technology that has spawned a billion-dollar industry.
UC leads a group of litigants who contend that the U.S. Patent Trial and Appeal Board (PTAB) wrongly sided with the Broad Institute in Cambridge, Massachusetts, and two partners…in February when it ruled that the Broad group invented the use of CRISPR in eukaryotic cells. After that ruling, UC moved the battleground to the U.S. Court of Appeals for the Federal Circuit.
The essential legal question is whether the Broad’s patent application is a novel, patentable invention, or whether it was “obvious” in the sense that “anyone skilled in the art”…would have a “reasonable expectation of success” of using the CRISPR system to edit genes in eukaryotic cells.
[Jacob Sherkow, an intellectual property attorney at the New York Law School in New York City said] “While there were some interesting chestnuts in its brief—such as UC pointing out that the PTAB virtually ignored some important patents pending at the time [the Broad] patent was filed—I don’t think that’s going to be enough to win the day [for] UC.”
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