By Kevin E. Noonan — In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, “CVC”) priority benefit to its U.S. Provisional Application No. 61/757,640, filed January 28, 2013 (“Provisional 3”), pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶ 208.4.1. CVC has filed its Opposition to this Motion. The relationships between the patents and applications in the ‘127 interference are set forth in this chart (filed in CVC’s earlier preliminary motion): ToolGen challenged CVC’s entitlement to priority…
