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Thursday, Feb 16 2017

Full Issue

University Of California Loses Closely Watched Patent Battle Over Lucrative Gene-Editing Technique

The Broad Institute, a research center affiliated with MIT and Harvard, retains more than a dozen patents it has already been granted on the use of the CRISPR technique to modify DNA in the cells of humans, animals and plants.

The Broad Institute in Cambridge, Mass., will retain potentially lucrative rights to a powerful gene-editing technique that could lead to major advances in medicine and agriculture, the federal Patent and Trademark Office ruled on Wednesday. The decision, in a bitterly fought dispute closely watched by scientists and the biotechnology industry, was a blow to the University of California, often said to be the birthplace of the technique, which is known as Crispr-Cas9. (Pollack, 2/15)

UC Berkeley biochemist Jennifer Doudna and her European collaborator,聽Emmanuelle Charpentier, have racked up聽a slew of awards for their work, which makes it very easy to alter the DNA of living things. But their efforts to patent their discovery have been hung up by a competing claim from Feng Zhang at the Broad Institute of MIT and Harvard. (Netburn, 2/15)

The CRISPR patent fight appears to be over, at least for the moment. A ruling by the U.S. Patent Trial and Appeal Board found no 鈥渋nterference鈥 in patents awarded to Feng Zhang at the Broad Institute of MIT聽and Harvard. The loser, pending appeals, is the University of California, and the much-heralded biochemist聽 Jennifer Doudna, who, along with Emmanuelle Charpentier, in 2012 published a groundbreaking paper showing how to exploit a natural bacterial gene-editing system known as CRISPR. The patent office determined that Zhang's later innovations, which used CRISPR to edit mammalian cells, were not simply elaborations of what Doudna and Charpentier had already discovered. (Achenbach and Johnson, 2/15)

The proceedings aren't entirely settled, but as Sherkow sees the situation, the Broad Institute 鈥 a joint venture of Harvard University and MIT 鈥 will hold the patent for using CRISPR in human beings, other animals, and plants. Sherkow told Shots he believes Cal's patent, which has not yet been issued, could be limited to bacteria. (Harris, 2/15)

The financial implications are huge, since CRISPR may lead to many lucrative products in medicine, agriculture and elsewhere. One company that has licensed Broad鈥檚 technology, Editas Medicine Inc., saw its shares jump by 29 percent Wednesday. (Ritter, 2/15)

In a brief order, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office sided with Broad, ruling there is 鈥渘o interference in fact鈥 鈥 meaning that the universities鈥 discoveries accomplish different things. The ruling neither cancels nor refuses either parties鈥 claims, but leaves in place patents previously issued to the Broad Institute. (Krieger, 2/15)

鈥淎s the legal dispute moves forward, my team will continue to focus on using CRISPR to deliver advances and solutions that can help solve our greatest challenges across human health, agriculture and the environment,鈥 said Doudna, in a statement Wednesday. (Perlman, 2/15)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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