Notice/News

ToolGen, Inc. announced that it has received confirmation from the U.S. Patent Trial and Appeal Board (PTAB) that the interference proceedings between ToolGen and the prevailing party in the pending CVC–Broad dispute—currently stayed—will resume immediately upon issuance of the PTAB’s decision on remand in the CVC–Broad interference.

Despite opposition from CVC and the Broad Institute, the PTAB granted ToolGen’s request to resume the interference proceedings. The Board determined that resuming ToolGen’s interference promptly after issuance of the CVC–Broad decision—regardless of whether CVC or Broad files an appeal—serves the public interest by protecting ToolGen’s rights as the Senior Party and facilitating the timely resolution of patent rights.

Accordingly, once the PTAB issues its decision in the ongoing remand proceedings between CVC and Broad, the interference between ToolGen and the prevailing party will resume without delay. By contrast, the interference between ToolGen and the losing party will remain stayed. This approach reflects the PTAB’s intent to avoid unnecessary duplication of proceedings and waste of resources, while ensuring that adjudication of ToolGen’s patent rights is no longer unduly delayed.

In addition, the PTAB rejected the Broad Institute’s argument that ToolGen should be required to submit priority-related evidence and arguments first, dismissing the argument as without merit. The Board reaffirmed the established principle that Broad, as the Junior Party—having filed after ToolGen—bears the burden of proving that its invention date predates ToolGen’s. As a result, ToolGen will proceed in the interference in accordance with its procedural and substantive rights as the Senior Party. 

Although the prolonged interference proceedings have imposed certain constraints on ToolGen’s ability to fully exercise its patent rights in the rapidly evolving CRISPR sector, the Company believes that this PTAB decision provides a clear procedural roadmap to resolve the uncertainty surrounding ToolGen’s patents.

With the interference proceedings expected to resume in the near future, the Company anticipates that the priority of ToolGen’s patent rights as the Senior Party will be determined in an efficient and orderly manner. Industry observers expect the PTAB’s post-remand decision in the CVC–Broad matter to be issued within the first half of this year, making it likely that ToolGen’s interference proceedings will resume within the year.

ToolGen will continue to provide timely updates on material developments to shareholders and the market. The Company remains committed to enhancing mid- to long-term corporate value by leveraging its competitiveness in foundational CRISPR technology.