CRISPR Therapeutics AG (NASDAQ:CRSP), Intellia
Therapeutics, Inc. (NASDAQ:NTLA) and Caribou Biosciences, Inc.
announced that the U.S. Court of Appeals for the Federal
Circuit (the “Federal Circuit”) affirmed the decision by the
U.S. Patent and Trademark Office’s (“USPTO”) Patent Trial and
Appeal Board (“PTAB”) in an interference proceeding relating to
CRISPR/Cas9 genome editing technology. The interference was
requested by 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,
against the Broad Institute, Harvard University and the
Massachusetts Institute of Technology (collectively “Broad”).
In its decision, the Federal Circuit (Case No. 17-1907)
indicated that because it would “not reweigh the evidence,” due to
the deferential nature of appellate review, the PTAB had sufficient
basis to discontinue the interference “given the mixture of
evidence in the record.” The Federal Circuit, like the PTAB, did
not decide whether UC or the Broad actually first invented the
CRISPR/Cas9 genome editing technology. The Federal Circuit opinion
also does not preclude other proceedings, either at the USPTO or in
the courts, to determine which research group is the actual
inventor and, thus, the proper owner of the technology. The court
expressly indicated that its decision was limited to “the scope of
two sets of applied-for claims, and whether those claims are
patentably distinct.” The Federal Circuit also emphasized that its
decision was “not a ruling on the validity of either set of
claims.”
Consistent with the consensus of the scientific community, the
companies believe firmly in the strength, breadth and scope of the
foundational IP covering the technology developed by Drs.
Emmanuelle Charpentier and Jennifer Doudna and their research
teams. The companies expect that the USPTO will continue to issue
patents to UC covering the foundational CRISPR/Cas9 technology,
including its use in any environment. The USPTO recently issued
U.S. Patent No. 10,000,772 for the use of CRISPR/Cas9 genome
editing covering widely used guide formats in various environments,
including eukaryotic cells. The companies expect this is the first
of many patents that will issue based on the foundational work done
by Drs. Charpentier and Doudna and their teams.
UC currently has foundational patents issued in various
jurisdictions, including Europe (approximately 40 countries),
United Kingdom, China, Singapore, Australia, New Zealand and Japan.
These patents broadly cover the use of single-guide RNA for
CRISPR/Cas9 in all settings, including eukaryotic cells.
For more information on the foundational CRISPR/Cas9
intellectual property, please visit www.crisprcollective.com.
About CRISPR TherapeuticsCRISPR
Therapeutics is a leading gene editing company focused on
developing transformative gene-based medicines for serious diseases
using its proprietary CRISPR/Cas9 platform. CRISPR/Cas9 is a
revolutionary gene editing technology that allows for precise,
directed changes to genomic DNA. The Company has established a
portfolio of therapeutic programs across a broad range of
disease areas including hemoglobinopathies, oncology and rare
diseases. To accelerate and expand its efforts, CRISPR
Therapeutics has established strategic collaborations with
leading companies including Bayer AG and Vertex
Pharmaceuticals. CRISPR Therapeutics AG is headquartered
in Zug, Switzerland, with its wholly-owned U.S.
subsidiary, CRISPR Therapeutics, Inc., and R&D operations
based in Cambridge, Massachusetts, and business offices
in London, United Kingdom. For more information, please
visit www.crisprtx.com.
About Intellia TherapeuticsIntellia
Therapeutics is a leading genome editing company focused on the
development of proprietary, curative therapeutics using the
CRISPR/Cas9 system. Intellia believes the CRISPR/Cas9 technology
has the potential to transform medicine by permanently editing
disease-associated genes in the human body with a single treatment
course, and through optimized cell therapies that can treat cancer
and immunological diseases by replacing patients’ diseased cells.
The combination of deep scientific, technical and clinical
development experience, along with its leading intellectual
property portfolio, puts Intellia in a unique position to unlock
broad therapeutic applications of the CRISPR/Cas9 technology and
create a new class of therapeutic products. Learn more about
Intellia Therapeutics and CRISPR/Cas9 at intelliatx.com and follow
us on Twitter @intelliatweets.
About Caribou Biosciences, Inc.Caribou is a
leading company in CRISPR genome editing founded by pioneers of
CRISPR-Cas9 biology. Caribou’s tools and technologies provide
transformative capabilities to therapeutic development,
agricultural biotechnology, industrial biotechnology, and basic and
applied biological research. Caribou offers licenses to its
CRISPR-Cas9 foundational IP in multiple fields including research
tools, internal research use, diagnostics, and industrial
biotechnology. Interested companies may contact Caribou at
licensing@cariboubio.com. For more information about Caribou, visit
www.cariboubio.com and follow the Company @CaribouBio. “Caribou
Biosciences” and the Caribou logo are registered trademarks of
Caribou Biosciences, Inc.
CRISPR Forward-Looking StatementsCertain
statements set forth in this press release constitute
“forward-looking statements” within the meaning of the Private
Securities Litigation Reform Act of 1995, as amended, including,
but not limited to, statements concerning: the timing of filing of
clinical trial applications and INDs, any approvals thereof and
timing of commencement of clinical trials, the intellectual
property coverage and positions of CRISPR Therapeutics, its
licensors and third parties, the sufficiency of CRISPR
Therapeutics’ cash resources and the therapeutic value,
development, and commercial potential of CRISPR/Cas9 gene editing
technologies and therapies. You are cautioned that forward-looking
statements are inherently uncertain. Although CRISPR Therapeutics
believes that such statements are based on reasonable assumptions
within the bounds of its knowledge of its business and operations,
the forward-looking statements are neither promises nor guarantees
and they are necessarily subject to a high degree of uncertainty
and risk. Actual performance and results may differ materially from
those projected or suggested in the forward-looking statements due
to various risks and uncertainties. These risks and uncertainties
include, among others: uncertainties regarding the intellectual
property protection for our technology and intellectual property
belonging to third parties; uncertainties inherent in the
initiation and completion of preclinical studies for CRISPR
Therapeutics’ product candidates; availability and timing of
results from preclinical studies; whether results from a
preclinical trial will be predictive of future results of the
future trials; expectations for regulatory approvals to conduct
trials or to market products; and those risks and uncertainties
described under the heading “Risk Factors” in CRISPR Therapeutics’
most recent annual report on Form 10-K, and in any other subsequent
filings made by CRISPR Therapeutics with the U.S. Securities
and Exchange Commission (SEC), which are available on the
SEC’s website at www.sec.gov. Existing and prospective
investors are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of the date they
are made, and CRISPR Therapeutics undertakes no duty to update this
information unless required by law.
Intellia Forward-Looking Statements
This press release contains “forward-looking statements” of
Intellia within the meaning of the Private Securities Litigation
Reform Act of 1995. These forward-looking statements include, but
are not limited to, express or implied statements regarding the
intellectual property position and strategy of Intellia, its
licensors or other parties from which it derives rights, including
with respect to intellectual property regarding the CRISPR/Cas9
genome editing technology, or that of unrelated third parties;
Intellia’s ability to develop and commercialize CRISPR/Cas9-based
therapeutic products to address severe and life-threatening
diseases; and Intellia’s scientific, business and financial plans
and prospects. Any forward-looking statements in this press release
are based on management’s current expectations of future events and
are subject to a number of risks and uncertainties that could cause
actual results to differ materially and adversely from those set
forth in or implied by such forward-looking statements. These risks
and uncertainties include, but are not limited to, risks related to
Intellia’s ability to protect and maintain its position and rights
regarding its intellectual property portfolio, risks related to the
ability of Intellia’s licensors and other parties from which it
derives rights to protect and maintain their intellectual property
position and rights, the risk that third parties own or control
intellectual property necessary for Intellia to develop or
commercialize its product candidates, and the risk that any one or
more of Intellia’s product candidates will not be successfully
developed and commercialized. For a discussion of other risks and
uncertainties, and other important factors, any of which could
cause Intellia’s actual results to differ from those contained in
the forward-looking statements, see the section entitled “Risk
Factors” in Intellia’s most recent annual report on Form 10-K filed
with the Securities and Exchange Commission, as well as discussions
of potential risks, uncertainties, and other important factors in
Intellia’s subsequent filings with the Securities and Exchange
Commission. All information in this press release is as of the date
of the release, and Intellia Therapeutics undertakes no duty to
update this information unless required by law.
CRISPR THERAPEUTICS CONTACTSMedia
Contact: Jennifer Paganelli WCG for CRISPR + 1
347-658-8290jpaganelli@wcgworld.com
Investor Contact:Susan Kim + 1 617-307-7503
susan.kim@crisprtx.com
INTELLIA THERAPEUTICS CONTACTSMedia
Contact: Jennifer Mound Smoter Senior Vice
President, External Affairs & Communications +1
857-706-1071 jenn.smoter@intelliatx.com
Investor Contact: Lindsey Trickett Vice
President, Investor Relations +1 857-285-6211
lindsey.trickett@intelliatx.com
CARIBOU BIOSCIENCES CONTACTGreg Kelley
Feinstein Kean Healthcare+1
404-836-2302Gregory.kelley@fkhealth.com
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