ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

By Kevin E. Noonan — On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126. Broad filed its Opposition to ToolGen’s motion on October 8th, and ToolGen filed its Reply on October 15th. ToolGen’s bases for excluding evidence including Broad’s purported "best proofs" on priority were that they have not been authenticated and are thus inadmissible under FRE 901. Specifically, ToolGen raised these objections against Broad Exhibits 2526, 2530, 2533, 2535, 2536, 2563, 2565, 2566, 2581, 2582, and 2599….

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