Markman Advisors
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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged CRISPR-Cas9
Does UC’s new CRISPR-Cas9 patent really cover eukaryotes?

In the latest episode in the long-running CRISPR-Cas9 patent battle between the University of California and Broad, UC has obtained a new patent related CRISPR-Cas9.  UC has touted this patent, as well as another expected to issue shortly, as “useful to locate and edit genes in any setting, including within plant, animal, and human cells.”  So, did UC just win patents covering CRISPR-Cas9 in eukaryotes?  How does this square with the patent interference that UC recently lost at the Federal Circuit on this very issue?

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Markman AdvisorsUniversity of California, Broad Institute, UC, CRISPR/Cas9, CRISPR, CRISPR-Cas9, written description, eukaryote, patent, license, Federal Circuit, Zachary Silbersher, SilbersherComment
UC loses the CRISPR-Cas9 patent appeal—now what?

The CRISP-Cas9 saga has effectively come to an end.  For now.  On September 10, the Federal Circuit affirmed the decision of the PTAB dismissing the interference between UC and Broad.  What are the implications for UC’s patents? What are the chances UC can successfully appeal to the Supreme Court?

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Markman AdvisorsCRISPR, CRISPR/Cas9, CRISPR-Cas9, UC, University of California, Broad Institute, interference, patent, Federal Circuit, Zachary Silbersher, Silbersher Comment
How important are UC’s two new CRISPR patents?

UC was recently awarded two patents on CRISPR technology.  UC is currently embroiled in a highly-watched dispute with the Broad Institute over who owns the heralded first patents covering CRISPR-Cas9 in plant and animal cells.  (We previously blogged about the dispute here and here.)  While that dispute remains pending, the question remains how important UC’s two new CRISP patents are?  How much will they impact the overall intellectual-property being claimed over the burgeoning CRISPR-Cas9 technology?

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Markman AdvisorsUC, University of California, Broad Institute, CRISPR, CRISPR/Cas9, CRISPR-Cas9, interference, Feder, Zachary Silbersher, Silbersher, eukaryoteComment
CRISPR-Cas9: After oral argument, Broad likely to prevail—but is it failure of the patent system?

On April 30, the Federal Circuit convened oral argument in the highly-watched patent case between UC and Broad over the interference proceeding covering patents for CRISPR-Cas9.  (An overview of the case and the respective arguments were published in an earlier post.)  The hotly-contested argument suggests the Court is leaning towards Broad, but raises deeper questions about whether this is a success or failure for the patent system.

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Markman AdvisorsCRISPR, CRISPR-Cas9, Federal Circuit, Broad Institute, University of California, paetnt, patent, Silbersher, Zachary Silbersher, interferenceComment
Who will win the CRISPR-Cas9 appeal at the Federal Circuit?

The epic CRISPR-Cas9 patent dispute has reached the Federal Circuit.  UC previously lost its bid to the Patent Office to eviscerate Broad’s patents through an interference proceeding.  That decision is now on appeal.  The briefing at the Federal Circuit is complete, and oral argument is scheduled for April 30, 2018.  Who will win at the Federal Circuit—UC or Broad? 

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Markman AdvisorsCRISPR, CRISPR-Cas9, CRISPR/Cas9, Broad Institute, University of California, UC, interference, Federal Circuit, gene-editting, Silbersher, ZachComment