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Doudna-Charpentier team submits Appellant Brief to U.S. Court of Appeals for the Federal Circuit (CAFC)

This brief argues that the Patent Trial and Appeal Board (PTAB) used incorrect standards in assessing whether CRISPR-Cas9 genome editing in eukaryotes was an obvious extension of its core invention and the Jinek 2012 paper describing it. Specifically, it argues that previous court decisions, including by the U.S. Supreme Court, establish that the correct standard is whether, given the teaching of the Doudna-Charpentier patent claims, the Jinek 2012 paper and standard laboratory techniques known and available to those skilled in the art, researchers would have had a “reasonable expectation of success” in achieving CRISPR-Cas9 genome editing in eukaryotes.  Instead, the PTAB concluded that the existence and availability of conventional techniques for applying CRISPR-Cas9 gene-editing systems in eukaryotic cells did not “guarantee” success; and in doing so, discounted evidence that six different labs had quickly achieved eukaryotic editing using the information provided in the Jinek 2012 paper, including the Doudna-Charpentier team itself, in work conducted before the Broad Institute filed for its patent.

 

Download the Doudna-Charpentier Appellant Brief

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