PTAB Decision Denying Broad’s Substantive Motion No. 1 in CRISPR Interference

By Kevin E. Noonan — On September 10th, the Patent Trial and Appeal Board rendered its decision on the parties’ Motions in Interference No. 106,115 (see “PTAB Decides Parties’ Motions in CRISPR Interference”). Perhaps the decision of most immediate significance was the Board’s decision denying the Senior Party’s (The Broad Institute, Harvard University, and the Massachusetts Institute of Technology, collectively, “Broad”) Substantive Motion No. 1, that Junior Party Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) should be estopped in this interference by the PTAB’s decision in the earlier 105,048 interference between these…