Episode 35: CRISPR, Part II
This week on Part II of our CRISPR series, guest correspondent Falguni Joshi continues exploring the nuances of the CRISPR patent dispute with Professor Sherkow and Steve Hollander.
First, our guests explain the shift from a first-to-invent to a first-to-file system in the United States, the advantages of the change, and how the CRISPR patent dispute outcome would be different under a first-to-invent regime.
Next, Professor Sherkow and Steve explore the procedural history from the interference proceeding through the Court of Appeals. Professor Sherkow explains why he thinks UC Berkeley’s chances of success on appeal are low.
Our guests then turn to an interesting analogy, a foreign third party and practical considerations for UC Berkeley and the Broad Institute while the controversy is ongoing. This podcast wraps up with a conversation about the implications of the CRISPR patent dispute for the scientific and legal communities.
Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association’s Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., Cum Laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review.
Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.
Music on this week’s episode:
Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M
Experimental by strange day: https://soundcloud.com/strange-day
Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M
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