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ARTICLE · 15 FEBRUARY 2022

AIA Patent Claims Canceled By Pre-AIA Application Interference

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In yet another round of the ever-expanding disputes surrounding CRISPR technology, the Patent Trial and Appeal Board (PTAB) recently denied priority to patentee SNIPR Technologies...

United StatesIntellectual Property
Shannon Patrick
Shannon Patrick
Jeffrey Jacobstein
Jeffrey Jacobstein
Amanda Murphy
Amanda Murphy
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In yet another round of the ever-expanding disputes surrounding CRISPR technology, the Patent Trial and Appeal Board (PTAB) recently denied priority to patentee SNIPR Technologies in its interference fight with Rockefeller University. SNIPR Technologies Ltd. v. Rockefeller University, Patent Interference No. 106,123 (Nov. 19, 2021). The PTAB determined that Rockefeller University was the first to invent the claimed methods of using CRISPR technology to kill or modify specific bacteria. As a result of the determination, the PTAB canceled five SNIPR patents: U.S. Patent Nos. 10,463,049; 10,506,812; 10,561,148; 10,524,477; 10,582,712.

The claims at issue were directed to "methods of killing or modifying specific bacteria within a mixed population of bacteria" using CRISPR systems to alter the relative ratio of bacteria within the mixed population. Decision on Motions at 2. This invention was claimed by Rockefeller in a pending patent application, and by

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