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CRISPR Therapeutics, Intellia Therapeutics, Caribou Biosciences and ERS Genomics Provide Update on CRISPR/Cas9 U.S. Patent Interference Proceedings and Grants of Corresponding Patents in the U.K. - UC s patent applicatio

Key Takeaway: CRISPR Therapeutics, Intellia Therapeutics, Caribou Biosciences and ERS Genomics Provide Update on CRISPR/Cas9 U.S. Patent Interference Proceedings and Grants of Corresponding Patents in the U.K. BASEL, Switzerland, CAMBRIDGE, Mass., BERKELEY, California, DUBLIN, Ireland, Feb.

Full Press Release Details

CRISPR Therapeutics, Intellia Therapeutics, Caribou Biosciences and ERS Genomics
Provide Update on CRISPR/Cas9 U.S. Patent Interference Proceedings and Grants of
Corresponding Patents in the U.K.
BASEL, Switzerland, CAMBRIDGE, Mass., BERKELEY, California, DUBLIN, Ireland, Feb. 15, 2017 (GLOBE NEWSWIRE) CRISPR Therapeutics
(NASDAQ:CRSP), Intellia Therapeutics, Inc. (NASDAQ:NTLA), Caribou Biosciences, Inc., and ERS Genomics Limited provide an update on the Patent Trial & Appeal Board ( PTAB ) of the U.S. Patent and Trademark Office
( USPTO ) decision on the motions filed by the University of California, the University of Vienna and Dr. Emmanuelle Charpentier (collectively, UC ), on one hand, and the Broad Institute, Harvard University and the
Massachusetts Institute of Technology (collectively, Broad ), on the other, in the interference proceeding relating to CRISPR/Cas9 genome editing technology ( CRISPR/Cas9 Technology ). The PTAB discontinued the current
interference finding that the claim sets presented by the two parties were considered patentably distinct from each other because UC s current claims are broader in scope in that they are not restricted to use in eukaryotic cells,
whereas Broad s claims are all limited to use in eukaryotic cells. As a result of the decision, UC s broader case, which was previously considered allowable but for the interference, is now released from the interference and may be
prosecuted to potential issuance by UC, while a new interference can be sought with respect to eukaryote claims, currently pending in a separate UC patent application once they are deemed allowable. Alternatively, UC could appeal the current
decision, which is currently under consideration. In parallel cases, the United Kingdom s Intellectual Property Office (UK IPO) granted patents to foundational CRISPR/Cas9 genome editing technology in any non-cellular or cellular setting
(including in human cells) to UC.
The prosecution and enforcement of UC s foundational intellectual property covering CRISPR/Cas9 Technology, such
as this patent application, is governed by a global cross-consent and invention management agreement between the co-owners of the intellectual property the Regents of the University of California, Emmanuelle Charpentier, and the University of
Vienna as well as their key licensees and sublicensees CRISPR Therapeutics, ERS Genomics, Caribou Biosciences, and Intellia Therapeutics.
U.S. Interference Proceeding
decisions and associated documents relating to U.S. patent interference 106,048 are publicly available at https://acts.uspto.gov/ifiling/PublicView.jsp.
Outside the United States, a UC application directed broadly to the single-guide CRISPR/Cas9 genome editing system (i.e. not limited by cellular or
non-cellular setting) was examined by the United Kingdom s Intellectual Property Office and, despite multiple evidentiary observations filed by third parties including the Broad, was granted as UK Patent No. 2518764. A second
UK patent application, which is directed to chimeric CRISPR/Cas9 systems, was also the subject of third-party observations, and was granted as a patent on February 7, 2017 (UK Patent No. 2537000). Corresponding applications are being
prosecuted in the European Patent Office and in other regional and national offices covering approximately 80 jurisdictions worldwide. Granted patents can be subject to proceedings challenging their grant, validity or scope.
Almost all jurisdictions worldwide are first-to-file systems, which recognize the first patent applicant(s) as the legal inventor(s) and do not
permit the filer of a later patent application to antedate the earlier filings of others. In the case of the CRISPR-Cas9 Technology, UC filed its first priority application on May 25, 2012, and Broad filed more than six months later on
December 12, 2012. In the United States, with respect to patent applications filed prior to March 2013, a subsequent filer could claim to have invented before an earlier filer by filing a declaration in the USPTO, which is what the Broad did
and led to the interference proceeding discussed herein.
Broad s related European patents have been opposed by numerous parties on procedural as
well as substantive grounds, and are now the subject of proceedings challenging their validity and issuance at the Opposition Division of the European Patent Office.
About CRISPR Therapeutics
CRISPR Therapeutics is a
leading gene-editing company focused on developing transformative gene-based medicines for serious diseases using its proprietary CRISPR/Cas9 gene-editing platform. CRISPR/Cas9 is a revolutionary technology that allows for precise, directed changes
to genomic DNA. The Company s multi-disciplinary team of world-class researchers and drug developers is working to translate this technology into breakthrough human therapeutics in a number of serious diseases. Additionally, CRISPR Therapeutics
has established strategic collaborations with Bayer AG and Vertex Pharmaceuticals to develop CRISPR-based therapeutics in diseases with high unmet need. The foundational CRISPR/Cas9 patent estate for human therapeutic use was licensed from the
Company s scientific founder Emmanuelle Charpentier, Ph.D. CRISPR Therapeutics is headquartered in Basel, Switzerland with its R&D operations based in Cambridge, Massachusetts. For more information, please visit www.crisprtx.com.
About Intellia Therapeutics
Intellia Therapeutics is a
leading genome editing company, focused on the development of proprietary, potentially 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. Intellia s combination of deep scientific, technical and clinical development experience, along
with its leading intellectual property portfolio, puts it 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
About Caribou Biosciences, Inc.
Caribou is a developer of cellular engineering and analysis solutions based on CRISPR technologies. The Company was founded by pioneers of CRISPR/Cas9 biology
based on research carried out in the Doudna Laboratory at the University of California, Berkeley. Caribou s tools and technologies provide transformative capabilities to therapeutic development, agricultural biotechnology, industrial
biotechnology, and basic and applied biological research. For more information, visit www.cariboubio.com and follow the Company @CaribouBio. Caribou Biosciences and the Caribou logo are registered trademarks of Caribou
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 www.ersgenomics.com.
Forward-Looking Statements
Certain 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 therapeutic value, development, and commercial potential of CRISPR/Cas-9 gene editing technologies and therapies and the
intellectual property protection of our technology and therapies. You are cautioned that forward-looking statements are inherently uncertain. Although the company 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 the Company s 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 in Item 1A under the heading
Risk Factors in the company s most recent quarterly report on Form 10-Q, and in any other subsequent filings made by the company 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. The information contained in this press release is provided by the
company as of the date hereof, and, except as required by law, the company disclaims any intention or responsibility for updating or revising any forward-looking information contained in this press release.
Intellia s 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, statements regarding Intellia s ability to advance CRISPR/Cas9 into therapeutic products for severe and life-threatening diseases and its CRISPR/Cas9 intellectual property
portfolio, and statements regarding the intellectual property position and strategy of Intellia s licensors. 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 intellectual property position, risks related to the ability of Intellia s licensors to protect and maintain their intellectual property position, the risk that any one or
more of Intellia s product candidates will not be successfully developed and commercialized, the risk of cessation or delay of any of the ongoing or planned clinical trials and/or development of Intellia s product candidates, the risk that
the results of previously conducted studies involving similar product candidates will not be repeated or observed in ongoing or future studies involving current product candidates, and the risk that Intellia s collaborations with Novartis or
Regeneron will not continue or will not be successful. 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 quarterly report on Form 10-Q 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.
Disclaimer Regarding Third Party Websites
The announcing companies are providing the above reference to the USPTO s website as a third-party source of additional factual information relating to
U.S. patent interference 106,048, and none of the announcing companies adopt any information contained or found in such reference. Any information in this press release accessible through such reference is as of the date of the release, and the
announcing companies undertake no duty to update this information unless required by law.
CRISPR CONTACTS INTELLIA CONTACTS
Media Contact: Jennifer Paganelli W2O Group for CRISPR +1 347-658-8290 jpaganelli@w2ogroup.com Media Contact: Jennifer Mound Smoter SVP, External Affairs & Communications +1 857-706-1071 jenn.smoter@intelliatx.com
Investor Contact: Investor Contact:
Chris Brinzey Westwicke Partners for CRISPR +1 339-970-2843 chris.brinzey@westwicke.com Graeme Bell Chief Financial Officer +1 857-706-1081 graeme.bell@intelliatx.com
Feinstein Kean Healthcare
ERS GENOMICS CONTACTS
MacDougall Biomedical
Mario Brkulj or Dr. Stephanie May
Direct: +49 89 2420 9345 or +48 89 2420 9344
Last updated: Feb 15, 2017