ERS Genomics Provides Update on U.S. Patent Interference Process

Second Appellate Brief Filed to Seek Reversal of Patent Board Decision on CRISPR/Cas9 Gene Editing, Expected to Result in 2018 Oral Hearing

DUBLIN, Ireland, November 22, 2017 - ERS Genomics announced today that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively “UC”), co-owners of foundational intellectual property relating to CRISPR/Cas9 genome engineering, will today submit their reply brief to the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”). UC seeks reversal of a decision by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) terminating the interference between certain CRISPR/Cas9 patent claims owned by UC, which cover gene editing in bacterial cells, eukaryotic cells (such as plant and animal cells) and non-cellular environments, and claims of the Broad Institute, Harvard University and the Massachusetts Institute of Technology (collectively, “Broad”) which specify use in eukaryotic cells.

“We are pleased that the briefing is now complete and that the court can now proceed to hear and decide the appeal,” commented Eric Rhodes, CEO of ERS. “One of the important questions in this case is whether Broad’s deployment of conventional techniques for using bacterial systems in eukaryotic cells was an obvious aspect of UC’s core CRISPR-Cas9 invention.  Our side is adamant in our belief that this is the case.”

Second appellate brief - Download version


ERS Genomics was formed to provide broad access to the foundational CRISPR/Cas9 intellectual property held by Dr. Emmanuelle Charpentier. Non-exclusive licenses are available for research and sale of products and services across multiple fields including: research tools, kits, reagents; discovery of novel targets for therapeutic intervention; cell lines for discovery and screening of novel drug candidates; GMP production of healthcare products; production of industrial materials such as enzymes, biofuels and chemicals; and synthetic biology. For additional information please visit


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