PTAB Denies Broad Motion No. 2 to Substitute the Interference Count

By Kevin E. Noonan — In 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 Board denied Broad’s Motion No. 2 to substitute the Count. To recap, the Count in the ‘115 interference as declared recited in the alternative either claim 18 of the Broad’s U.S. Patent No. 8,697,359 (dependent on claim…