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October 18, 2021


Kevin, it would be useful to post a list of all the motions filed, and their decisions, if made, in this Byzantine interference, and the currently set date for a priority trial.

Good idea, Paul - no decisions yet, but briefing on the merits is over. There will be some motions to exclude evidence for the Board to decide, and then a Final Hearing on the Preliminary Motions, followed by a Board decision on those motions.

THEN, there will be a priority phase (because neither party has filed a motion alleging there is no interference in fact, as happened in the '048 interference).

Depending on how the Board comes down on these motions there might be some strategic advantages on one side or the other; the biggest risk for ToolGen is that the Board substitutes the Count to one generic for guide RNA species of CRISPR.

Thanks for the comment

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