ToolGen Files Reply Brief to CVC’s Opposition to its Substantive Preliminary Motion No. 2

By Kevin E. Noonan — In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, “CVC”) priority benefit to its U.S. Provisional Application No. 61/757,640, filed January 28, 2013 (“Provisional 3”), pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶ 208.4.1. CVC filed its Opposition to this Motion. On August 26th, ToolGen filed its Reply. The relationships between the patents and applications in the ‘127 interference are set forth in this chart (filed in CVC’s earlier preliminary motion):…