From Nature, 9-10-18: A fierce and unprecedented patent battle between two educational institutions might be nearing a close, after a US appeals court issued a decisive ruling on the rights to CRISPR–Cas9 gene editing.
On 10 September, the US Court of Appeals for the Federal Circuit awarded the pivotal intellectual property to the Broad Institute of MIT and Harvard in Cambridge, Massachusetts, upholding a previous decision by the US Patent and Trademark Office. The decision spells defeat for a team of inventors at the University of California, Berkeley (UC), led by molecular biologist Jennifer Doudna.
The “Board’s underlying factual findings are supported by substantial evidence and the Board did not err”, Judge Kimberly Moore wrote in the latest decision. “We have considered UC’s remaining arguments and find them unpersuasive.”
The dispute centred on the rights to commercialize products developed by using the CRISPR–Cas9 system to make targeted changes to the genomes of eukaryotes — a group of organisms that includes plant and animals. Although many patents have been filed describing various aspects of CRISPR–Cas9 gene editing, the Broad Institute and UC patent applications were considered to be particularly important because they covered such a wide swath of potential CRISPR-Cas9 products...
Full story at https://www.nature.com/articles/d41586-018-06656-y