ToolGen Files Substantive Preliminary Motion No. 2 to Deny CVC of Priority Benefit

By Kevin E. Noonan — In Interference No. 106,115 between Senior Party the Broad Institute (joined by Harvard University and MIT) and Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, “CVC”), the Patent Trial and Appeal Board granted CVC’s Preliminary Motion for benefit of priority to 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. In Interference No. 106,127, Senior Party ToolGen filed its Substantive Preliminary Motion No. 1 to deny CVC priority benefit to the ‘640 provisional…