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March 16, 2021

Comments

Keven, what do you think of this new law firm article that is attempting to give an overall explanation of this entire patent mess?
https://www.osler.com/en/resources/critical-situations/2021/making-sense-of-the-battle-for-the-crispr-cas9-patent-rights

I'm not Attorney/Dr. Noonan, but it seems like a perfectly cromulent high-level overview to me. It doesn't really get in the weeds or have any analysis, which I guess was the point, so it's difficult to say much beyond that. And it had a citation to this blog, so you can't argue with a little free publicity.

Somewhat OT but Judge Wallach is going senior at the end of May. The NLJ article on the subject had a list of some potential nominees for Biden.

Dear Paul:

I would say this sentence is factually incorrect:

"All jurisdictions in the world where patent applications claim priority from either UC Berkeley or Broad Institute patent applications are therefore awaiting the outcome of the U.S. proceedings to determine which competing patent applications may be granted."

The error seems to stem from this idea set forth in another sentence:

"In Canada, as in many other countries, the validity of patent applications will depend on the validity of priority patent applications filed in the United States."

These ideas are wrong because most other jurisdictions have their own priority and disclosure sufficiency requirements, and do not depend on the U.S. for those determinations.

Thanks for the comment.

Dear Hard:

Citations aren't the driver, keeping up with these cases is more important. And while some of this is truly housekeeping, those who are paying attention will understand in a few months why reply briefs are 60 and not 10 pages long.

Thanks for the comment

Totally understood. I never meant to suggest you were just shilling to drum up some extra citations, but sorry if anyone took it that way. The deep dives you do—even for housekeeping matters like these—are greatly appreciated, and I look forward to more.

-hr

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