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UNIVERSITE PIERRE ET MARIE CURIE v. FOCARINO

Nos. 2012-1485, 2012-1486, 2012-1487.

738 F.3d 1337 (2013)

INSTITUT PASTEUR & UNIVERSITE PIERRE ET MARIE CURIE, Appellant, v. Margaret A. FOCARINO, Commissioner for Patents, Appellee, and Precision Biosciences, Inc., Appellee.

United States Court of Appeals, Federal Circuit.

December 30, 2013.

Attorney(s) appearing for the Case

Thomas H. Jenkins , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellant. With him on the brief was Kenneth J. Meyers , of Washington, DC and Amelia F. Baur , of Boston, Massachusetts.

Mary L. Kelly , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee Margaret A. Focarino , Commissioner for Patents. With her on the brief were Nathan K. Kelley , Acting Solicitor, and Kristi L.R. Sawert , Associate Solicitor.

Michael J. Twomey , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, Massachusetts, argued for appellee Precision BioSciences, Inc. Of counsel was Andrej Barbic .

Before NEWMAN, CLEVENGER, and TARANTO, Circuit Judges.

TARANTO, Circuit Judge.

The Institut Pasteur owns U.S. Patent Nos. 7,309,605, 6,610,545, and 6,833,252, which claim methods and tools for the site-directed insertion of genes into eukaryotic chromosomes. Precision BioSciences requested inter partes reexamination of each of the patents, and the Patent and Trademark Office examiner rejected a number of Pasteur's claims for obviousness, under 35 U.S.C. § 103. On appeal, the Board of Patent Appeals and Interferences...

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