September 11, 2018

Jenner & Block won a victory on behalf of the Broad Institute, MIT and Harvard when the Federal Circuit upheld a 2017 decision by the Patent Trial and Appeal Board regarding CRISPR patents.  The University of California and research partner University of Vienna argued that the Broad Institute simply applied its breakthrough to human cells using obvious techniques.  UC sought a declaration that the inventions were patentably indistinct.  The Federal Circuit disagreed, saying that evidence supported the PTAB’s finding that the inventions are distinct.

The team representing the Broad Institute and Harvard included Partners Steven R. Trybus and Harry J. Roper.

News of the Federal Circuit’s decision was reported by outlets including The National Law Journal and Law360.

Please click here for a statement by the Broad Institute.