ToolGen faces off in two patent interferences involving CRISPR/Cas9 application
Clients ToolGen, Inc.
Jones Day is representing ToolGen, Inc. in two patent interferences involving CRISPR/Cas9 technology. On December 14, 2020, the United States Patent Trial and Appeal Board (PTAB) declared patent interference No. 106,126 between ToolGen’s U.S. Patent Application No. 14/685,510 (“the ‘510 application”) and fourteen patents and two patent applications by The Broad Institute, Inc., Massachusetts Institute of Technology, and the President and Fellows of Harvard College. ToolGen is a Korean biotech company focused on translating CRISPR/Cas9 technology in therapeutics and ag-tech. Also on December 14, 2020, the PTAB declared interference No. 106,127 between the ‘510 application and fourteen patent applications by The Regents of the University of California, University of Vienna, and Emmanuelle Charpentier. The PTAB designated ToolGen as the Senior Party in each of the two interferences. Claims in the ‘510 application relate to methods and compositions for using CRISPR/Cas9 in mammalian cells. Should ToolGen prevail in the interferences, a patent will issue on the ‘510 application. The PTAB’s declarations of interference follow Jones Day’s successful representation of ToolGen in its appeal of the examiner’s rejections of claims in the ‘510 application, which resulted in the PTAB’s decision on June 22, 2020 to reverse the examiner’s claim rejections. Jones Day is representing ToolGen in both interferences.
The Broad Institute, Inc. et al. v. ToolGen, Inc., Interference No. 106,126; The Regents of the University of California, et al. v. ToolGen, Inc., Interference No. 106,127 (PTAB)