Overview
- The U.S. Patent Trial and Appeal Board reaffirmed that the Broad Institute was first to use CRISPR-Cas9 in eukaryotic cells and denied CVC’s claim to priority.
- The board said CVC had not conceived a working method before Broad’s October 5, 2012 reduction to practice.
- The decision prevents 14 CVC patent applications from moving to allowance at the USPTO, and the University of California said it was disappointed.
- The interference returned to the board after the Federal Circuit in May 2025 faulted the board’s earlier analysis for using the wrong standard and overlooking evidence.
- Editas Medicine, which holds exclusive licenses to the contested Broad patents, called this the third PTAB ruling favoring Broad and noted CVC can appeal, while more than 60 U.S. and over 40 non-U.S. CVC patents outside this interference remain unaffected.