Spotlight On Upcoming Oral Arguments – May 2018

University of California v. Broad Institute Inc., No. 17-1907, Courtroom 201

In May 2012, UC filed a provisional patent application claiming the use of the CRISPR-Cas9 system in any environment, including eukaryotic cells.  In December 2012, Broad filed a provisional patent application claiming the use of CRISPR-Cas9 in eukaryotic cells.  UC sought an interference, arguing that there was no patentable distinction between Broad's eukaryotic-specific claims and UC's broader claims.  The PTAB terminated the interference concluding that there was no interference-in-fact between UC and Broad.  Specifically, the PTAB held that Broad's claims would not have been obvious to a person of ordinary skill in the art.