Decision on motions and interference redeclaration

10 September 2020

Decision on motions and interference redeclaration:

In its ruling in the motions phase of the ongoing patent interference between the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively, CVC), and the Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, Broad), the PTAB rejected the majority of Broad’s motions, including most importantly a motion that sought to prevent the interference from proceeding. CVC still remains junior party in the interference, which means procedurally that CVC will be required to file its proofs of inventorship first. The designation of Junior and Senior party is a procedural issue at this stage and is not a finding of prior inventorship. The PTAB decision does not affect CVC’s 33 issued US patents, none of which are involved in the interference.

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