Court Of Appeals For The Federal Circuit Holds That Conception Does Not Require Certainty of Success

On May 12, 2025, the Court of Appeals for the Federal Circuit vacated-in-part and remanded a Patent Trial and Appeal Board (“PTAB”) decision in an interference proceeding concluding that the Broad Institute, Inc. (“Broad Institute”) has priority over the Regents of the University of California (“Regents”) with respect to the CRISPR-Cas9 system-related patent claims in dispute. Regents of the University of California v. Broad Institute, Inc., No. 22-1653 (C.A.F.C. May 12, 2025). The Court held…
By: A&O Shearman