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Court of Appeals for the Federal Circuit (“CAFC”) affirmed-in-part and vacated-in-part the PTAB’s previous decision and remanded it back to the PTAB for further review.
−Removed: This decision does not impact our ability to grant licenses or change existing licenses we have to certain issued U.S.
−Removed: patents and a U.S.
−Removed: application that are co-owned by Broad and in-licensed by us.
−Removed: It is uncertain when or in what manner the PTAB will ultimately render a decision.
+Added: On March 26, 2026,
+Added: the PTAB reaffirmed its previous decision favoring Broad.
+Added: CVC retains the right to appeal the PTAB’s decision to the CAFC.
+Added: It is uncertain if CVC will appeal and, if appealed, when or in what manner the CAFC will act on any such appeal.
On December 14, 2020, the PTAB, declared two new interferences involving a pending U.S.
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The claims in ToolGen’s patent application relate to a mammalian cell with a CRISPR/Cas system comprising a codon optimized nucleic acid encoding a Cas9 polypeptide with a nuclear localization signal and a single-molecule guide RNA that, together, are capable of forming a Cas9/RNA complex that mediates double stranded cleavage of a target nucleic acid sequence.
−Removed: On September 28, 2022, the PTAB suspended both of these interferences until the U.S.
−Removed: Court of Appeals for the Federal Circuit issues a mandate in the pending appeals related to the second interference between Broad and CVC.
+Added: On September 28, 2022, the PTAB suspended both of these interferences.
+Added: Following the decision on remand by the PTAB in March 2026 in the second interference between Broad and CVC, the suspension in the interference between ToolGen and Broad has been lifted.
+Added: We cannot predict with any certainty how long this interference proceeding will take.
+Added: The interference between ToolGen and CVC remains suspended.
On June 21, 2021, the PTAB declared two new interferences involving a pending U.S.
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These methods use a CRISPR/Cas9 system comprising a Cas9 polypeptide with a nuclear localization signal, a guide RNA, and a donor sequence that, together, are capable of mediating double stranded cleavage and repair of a target nucleic acid sequence leading to integration of the donor sequence into the chromosomal sequence.
−Removed: On December 14, 2022, the PTAB suspended both of these interferences until the U.S.
−Removed: Court of Appeals for the Federal Circuit issues a mandate in the pending appeals related to the second interference between Broad and CVC.
+Added: On December 14, 2022, the PTAB suspended both of these interferences.
+Added: It is uncertain when these suspensions will be lifted.
As a result of these declarations of interference, five parallel adversarial proceedings in the USPTO before the PTAB have been initiated – the patent interferences between Broad and CVC, Broad and ToolGen, CVC and ToolGen, Broad and Sigma-Aldrich, and CVC and Sigma-Aldrich.
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Certain of these decisions have been appealed by both Broad and the opposing party(s), and it is uncertain when or in what manner the Boards of Appeal will act on these appeals.
−Removed: The Opposition Division has also initiated opposition proceedings against certain other European patents that we have in-licensed from Broad.
−Removed: The European Patent Office opposition proceedings
−Removed: may involve issues including, but not limited to, procedural formalities related to filing the European patent application, priority, and the patentability of the involved claims.
+Added: The Opposition Division has also initiated opposition proceedings against
+Added: certain other European patents that we have in-licensed from Broad.
+Added: The European Patent Office opposition proceedings may involve issues including, but not limited to, procedural formalities related to filing the European patent application, priority, and the patentability of the involved claims.
In view of certain arguments made by the third parties against the revoked patents and similar arguments made by the third parties against other in-licensed European patents under opposition, the opposition proceedings may lead to the revocation of certain additional in-licensed European patents.
11 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.