Senior Party Sigma-Aldrich Files Opposition to Junior Party’s Preliminary Motion No. 3 in Interference No. 106,133

By Kevin E. Noonan — On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference Count as not having such correspondence, under 37 C.F.R. §§ 41.121(a)(1)(i) and 41.207(b)(2). Senior Party Sigma-Aldrich filed its Opposition on March 16th. As argued by Broad, these claims fell into five discrete categories: Category A: Staphylococcus aureus Cas9 protein ("SaCas9"); Category B: Cas9 chimeric…