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The contours of the latest battle over patents on the CRISPR genome editing technology are becoming a little clearer: In a decision released Monday evening, the U.S. patent office told the Broad Institute, on one side, and the University of California and its allies, on the other, what they’ll be allowed to fight about.

And in tennis terms, it’s advantage, Broad.


In legal terms, the Patent Trial and Appeal Board ruled which motions each side may file. Somewhat surprisingly, the three judges hearing the case ruled that the Broad will be allowed to argue that the whole thing is a big mistake — that is, this “interference” proceeding should never have been started in the first place.

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