By Kevin E. Noonan — On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board (PTAB) to substitute the interference Count, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2). On March 16th Senior Party Sigma-Aldrich filed its Opposition to Broad’s Motion and on April 26th Broad filed its Reply. As a reminder, Broad’s Proposed Substitute Count takes the "McKelvey" format (comprising in the alternative a claim from one of…
