use of CRISPR in humans is what Harvard/MIT want to protect. According to the judges, UC Berkeley didn't make that clear.
Even being a biologist who understands CRISPR well and having trained at Harvard/MIT (disclosure to provide context about biases), it's not clear what Harvard/MIT will gain with winning this fight. Because the incentive is incredibly strong, I feel like everyone will find a way to work around whatever patents Harvard/MIT collect. I see UC Berkeley's side in these patents because their discovery proceeded Harvard/MIT and Harvard/MIT (Eric Lander) is just sucking up airtime like Trump does to come out on top. See this: http://www.michaeleisen.org/blog/?p=1825