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ARTICLE · 26 NOVEMBER 2025

Implications Of CRISPR Dispute On Licensees

Crowell & Moring LLP
Crowell & Moring LLP
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A decision in May from the Federal Circuit Court of Appeals has extended the long-standing and well-publicized dispute over inventorship of use of CRISPR-Cas9 technology in eukaryotic cells.

United StatesIntellectual Property
Mark Cooper
Mark Cooper
Greg Ikonen
Greg Ikonen
Sumy Daeufer
Sumy Daeufer
Neil Campbell
Neil Campbell

Introduction

A decision in May from the Federal Circuit Court of Appeals has extended the long-standing and well-publicized dispute over inventorship of use of CRISPR-Cas9 technology in eukaryotic cells. When final resolution comes, it will have important implications for users of this technology. Companies currently licensing CRISPR-Cas9 from one of the two groups claiming ownership rights to the fundamental patents covering this technology and those considering licenses or investment in users of the technology should review existing or proposed licenses to better prepare for the potential outcomes of the dispute.

Background

The use of the CRISPR-Cas9 enzyme to edit DNA is one of the most exciting innovations in life sciences of the past decade. This technology has a wide range of potential applications as promising therapeutic candidates to treat, and sometimes cure, a wide range of diseases. In 2023 the FDA approved the first CRISPR-Cas9 therapeutic, an ex

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