PTAB Grants Priority for Eukaryotic CRISPR to Broad in Interference No. 106,115

By Kevin E. Noonan — In an 82-page decision, the Patent Trial and Appeal Board granted priority for eukaryotic CRISPR to the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC"). Accordingly, all of Broad’s patents and applications in interference remain and CVC’s applications having claims directed to eukaryotic CRISPR are finally rejected for lack of priority (see "CRISPR Battle Joined Again"). While requiring more detailed analysis (which will be forthcoming in later posts), the Board was convinced by Broad’s arguments…