Thursday, December 31, 2015

Patent interference coming in CRISPR war?

A post on GenomeWeb titled CRISPR Patent Fight Moves Ahead on the patent battle between Jennifer Doudna and Feng Zhang, noted that the USPTO issued an Initial Interference Memo, which recommends that the Patent Trial and Appeals Board conduct an interference proceeding between the two entities (Zhang's patent and Doudna's application), and further observed that the interference:



will likely discourage a settlement between the two sides


IPBiz has been discussing CRISPR issues for some time (e.g., http://ipbiz.blogspot.com/2015/03/crispr-is-high-profile-in-science.html ) and discussed the issue of an interference in April (Will there be an interference between the Zhang and Doudna work on CRISPR?

Of interference and settlement, one must recall the classic battle on the integrated circuit, with the basics discussed in the
January 2005 post on IPBiz: http://ipbiz.blogspot.com/2005/01/noyce-v-kilby.html. and see the discussion
in http://ipbiz.blogspot.com/2015/04/some-thoughts-on-upcoming-crispr-patent.html.

Note that Texas Instruments and Fairchild settled the case after the interference and before the CCPA decision.

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