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CRISPR Interference: Motion Practice

By Kevin E. Noonan — In their Order of August 26th, the Patent Trial and Appeal Board authorized the University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier, Junior Party (abbreviated “CVC”) to file a miscellaneous motion that its Priority Statement be filed under seal. The Board set an expedited schedule to be filed September 5th and withheld authorizing the Broad to file an opposition until it considered CVC’s motion. Last week, CVC filed its motion, and this week the Board authorized the Broad to file an opposition. CVC’s motion begins, as it must under PTAB Rules (37 C.F.R. §…

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