By Kevin E. Noonan — Judge Giles Sutherland Rich’s most famous aphorism in patent law is “the name of the game is the claim.”* This rubric is important to keep in mind when considering the Patent Trial and Appeal Board’s decision on motions issued September 10th in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”) between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, “Broad”) and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”). The focus of the claim construction issue was the meaning…
