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XY, LLC v. Trans Ova Genetics, LC DC CAFC
- 1:13-cv-00876
- D. Colo.
- Judge: William J. Martinez +1
- Filed: 04/04/2013
- Closed: 04/19/2016
- Latest Docket Entry: 01/08/2021
- PACER
- Docket updated daily
1
Plaintiff
1
Defendant
1
Accused
Product
11
Patents-in-Suit
1,507
Days in
Litigation
-
XY, LLC v. Trans Ova Genetics, LC DC CAFC
- 1:13-cv-00876
- D. Colo.
- Judge: William J. Martinez +1
- Filed: 04/04/2013
- Closed: 04/19/2016
- Latest Docket Entry: 01/08/2021
- PACER
- Docket updated daily
Assigned Judge
Outcome Summary
- Patent Information
-
Validity & Enforceability
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method of freezing separated sperm cells, comprising the steps of: a. obtaining sperm cells from a male of a species of non-human mammal; b. differentiating said sperm cells based upon at least one property which allows a portion of said sperm
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Enforceable and Valid (102 and 103)
Entry 461 |
6 |
A method of freezing separated sperm cells as described in claim 1 further comprising the step of removing fluid suspending said discrete population of sperm cells.
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Enforceable and Valid (102 and 103)
Entry 461 |
31 |
A frozen separated cell sample in accordance with the method of claim 1.
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Enforceable and Valid (102 and 103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A process for preparing sperm cell samples, the process comprising: collecting semen from a male mammal; freezing said semen to form frozen semen; thawing said frozen semen to form frozen-thawed semen; incubating sperm cells contained within said
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Enforceable and Valid (103)
Entry 461 |
2 |
The process of claim 1, wherein the sperm cells isolated in said collection element comprises spermatozoa sorted into separate populations, wherein the spermatozoa of one of the populations comprises at least about 85% X chromosome bearing sperm
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Enforceable and Valid (103)
Entry 461 |
5 |
The process of claim 1, wherein said male mammal is selected from the group of mammals consisting of primates, humans, swine, ovids, bovids, equids, canids, felids, and dolphins.
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Enforceable and Valid (103)
Entry 461 |
18 |
The process of claim 1, wherein said step of establishing said sample from said sperm cells isolated in said collection element comprises the step of establishing an in-vitro fertilization sample from said sperm cells isolated in said collection
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method of using stained sperm cells collected from mammals, comprising the steps of: collecting semen from a male of a non-human mammal; freezing said semen; thawing said semen; incubating sperm cells contained within said semen in a concentration
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Enforceable and Valid (103)
Entry 461 |
2 |
A method of using stained sperm cells collected from mammals as described in claim 1, wherein said male of a non-human mammal is selected from the group of mammals consisting of non-human primates, swine, ovids, bovids, equids, canids, felids, and
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Enforceable and Valid (103)
Entry 461 |
13 |
A method of using stained sperm cells collected from mammals as described in claim 1, wherein said step of successfully fertilizing at least one egg of said female non-human mammal comprises the step of successfully fertilizing at least one egg of
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A flow cytometer system, comprising:</claim-text> a. a sample injection tube having an injection point through which a sample may be introduced; b. a sheath fluid container having a bottom end and wherein said sample injection tube is located within
view more
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Enforceable and Valid (103)
Entry 461 |
10 |
A flow cytometer system as described in claim 1, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, or <HIL><BOLD>8</BOLD></HIL> wherein said sample comprises sperm cells selected from a group comprising bovine sperm
view more
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Enforceable and Valid (103)
Entry 461 |
11 |
A sexed sperm specimen produced with a flow cytometer system as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, <HIL><BOLD>7</BOLD></HIL>,
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Enforceable and Valid (103)
Entry 461 |
12 |
A mammal produced through use of a sexed sperm specimen produced with a flow cytometer system as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
13 |
A flow cytometer system as described in claim 1, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, <HIL><BOLD>8</BOLD></HIL>, or <HIL><BOLD>7</BOLD></HIL> and further comprising a single torsional orientation nozzle located at least in part below
view more
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Enforceable and Valid (103)
Entry 461 |
14 |
A flow cytometer system as described in claim 13 and further comprising a sperm collection system.
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Enforceable and Valid (103)
Entry 461 |
15 |
A sexed sperm specimen produced with a flow cytometer system as described in claim 14.
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Enforceable and Valid (103)
Entry 461 |
16 |
A sexed sperm specimen as described in claim 15 wherein said sample comprises sperm cells selected from a group consisting of bovine sperm cells and equine sperm cells.
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Enforceable and Valid (103)
Entry 461 |
17 |
A mammal produced through use of a sexed sperm specimen produced with a flow cytometer system as described in claim 14.
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Enforceable and Valid (103)
Entry 461 |
18 |
A mammal produced through use of a sexed sperm specimen as described in claim 17 wherein said sample comprises sperm cells selected from a group comprising bovine sperm cells and equine sperm cells.
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method of sorting cells by flow cytometry comprising the steps of:</claim-text> a. establishing a cell source which supplies cells to be sorted; b. chemically coordinating a sheath fluid to create a sheath fluid environment for said cells which is
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Enforceable and Valid (102 and 103)
Entry 461 |
32 |
A method of sorting cells by flow cytometry comprising the steps of:</claim-text> a. establishing a cell source which supplies cells to be sorted; b. establishing a sheath fluid to create a sheath fluid environment for said cells and combining said
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Enforceable and Valid (102 and 103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method of flow cytometry sample processing, comprising the steps of:</claim-text> a. establishing a sheath fluid; b. injecting a sample into said sheath fluid at an injection point; c. subjecting said sample to a first axial motion surface in a
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Enforceable and Valid (103)
Entry 461 |
10 |
A method of flow cytometry sample processing as described in claim 1, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, or <HIL><BOLD>7</BOLD></HIL> wherein said step of injecting a sample into said sheath fluid at an
view more
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Enforceable and Valid (103)
Entry 461 |
11 |
A method of creating a sexed sperm specimen comprising the step of producing a sexed sperm specimen as described in any of claim 1, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, or <HIL><BOLD>7</BOLD></HIL>.
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Enforceable and Valid (103)
Entry 461 |
12 |
A method of creating a mammal comprising the step of producing a sexed sperm specimen as described in any of claim 1, <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, <HIL><BOLD>7</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
13 |
A method of flow cytometry sample processing as described in claim 1, <HIL><BOLD>5</BOLD></HIL>, <HIL><BOLD>6</BOLD></HIL>, <HIL><BOLD>7</BOLD></HIL>, or <HIL><BOLD>8</BOLD></HIL> and further comprising the steps of:</claim-text> a. establishing a
view more
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method of flow cytometry sample processing, comprising the steps of:</claim-text> a. establishing a sheath fluid; b. injecting a sample into said sheath fluid at an injection point; c. establishing a single torsional surface in a nozzle having a
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Enforceable and Valid (103)
Entry 461 |
2 |
A method of flow cytometry sample processing as described in claim 1 wherein said step of establishing a single torsional surface comprises the step of utilizing a single torsional interior surface in said nozzle.
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Enforceable and Valid (103)
Entry 461 |
3 |
A method of flow cytometry sample processing as described in claim 2 wherein said step of establishing a single torsional surface in a nozzle comprises the step of establishing a tapered single torsional interior surface of an ellipse-shape or an
view more
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Enforceable and Valid (103)
Entry 461 |
5 |
A method offlow cytometry sample processing as described in claim 1 and further comprising the steps of:</claim-text> a. subjecting said sample to a first axial motion surface in a nozzle; b. transitioning to a second axial motion surface in said
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Enforceable and Valid (103)
Entry 461 |
11 |
A method of flow cytometry sample processing as described in claim 5 and further comprising the steps of:</claim-text> a. forming drops around said sample after it has exited said nozzle; and b. sorting said drops at a rate selected from the group
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Enforceable and Valid (103)
Entry 461 |
15 |
A method of flow cytometry sample processing as described in claim 5, <HIL><BOLD>9</BOLD></HIL>, <HIL><BOLD>10</BOLD></HIL>, <HIL><BOLD>11</BOLD></HIL>, or <HIL><BOLD>12</BOLD></HIL> wherein said step of injecting a sample into said sheath fluid at
view more
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Enforceable and Valid (103)
Entry 461 |
57 |
A method of creating a sexed sperm specimen comprising the step of producing a sexed sperm specimen as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>22</BOLD></HIL>, <HIL><BOLD>25</BOLD></HIL>, <HIL><BOLD>26</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
58 |
A method of creating a mammal comprising the step of producing a sexed sperm specimen as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>22</BOLD></HIL>, <HIL><BOLD>25</BOLD></HIL>, <HIL><BOLD>26</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A flow cytometer system, comprising:</claim-text> a. a sample injection tube having an injection point through which a sample may be introduced; b. a sheath fluid container having a bottom end and wherein said sample injection tube is located within
view more
|
Enforceable and Valid (103)
Entry 461 |
4 |
A flow cytometer system as described in claim <HIL><BOLD>1</BOLD></HIL> and further comprising:</claim-text> a. a first axial motion surface in said nozzle; b. a second axial motion surface in said nozzle; and c. a limited maximal acceleration
view more
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Enforceable and Valid (103)
Entry 461 |
9 |
A flow cytometer system as described in claim <HIL><BOLD>4</BOLD></HIL> wherein said analytical system which senses below said nozzle operates at a rate selected from a group comprising at least 500 sorts per second, at least 1000 sorts per second,
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Enforceable and Valid (103)
Entry 461 |
11 |
A flow cytometer system as described in claim <HIL><BOLD>9</BOLD></HIL> and further comprising a sperm collection system.
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Enforceable and Valid (103)
Entry 461 |
13 |
A flow cytometer system as described in claim <HIL><BOLD>4</BOLD></HIL>, <HIL><BOLD>7</BOLD></HIL>, <HIL><BOLD>8</BOLD></HIL>, <HIL><BOLD>9</BOLD></HIL>, or <HIL><BOLD>10</BOLD></HIL> wherein said sample comprises sperm cells selected from a group
view more
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Enforceable and Valid (103)
Entry 461 |
14 |
A sexed sperm specimen produced with a flow cytometer system as described in claim <HIL><BOLD>11</BOLD></HIL> or <HIL><BOLD>12</BOLD></HIL>.
|
Enforceable and Valid (103)
Entry 461 |
15 |
A flow cytometer system as described in claim <HIL><BOLD>14</BOLD></HIL> wherein said sample comprises sperm cells selected from a group comprising bovine sperm cells and equine sperm cells.
|
Enforceable and Valid (103)
Entry 461 |
19 |
A flow cytometer system as described in claim <HIL><BOLD>3</BOLD></HIL> wherein said tapered, elliptical-like, single torsional interior surface element comprises:</claim-text> a. an ellipticity-increasing zone; b. an ellipse-like demarcation
view more
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Enforceable and Valid (103)
Entry 461 |
53 |
A sexed sperm specimen produced with a flow cytometer system as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>20</BOLD></HIL>, <HIL><BOLD>23</BOLD></HIL>, <HIL><BOLD>24</BOLD></HIL>, <HIL><BOLD>26</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
54 |
A mammal produced through use of a sexed sperm specimen produced with a flow cytometer system as described in any of claims <HIL><BOLD>1</BOLD></HIL>, <HIL><BOLD>20</BOLD></HIL>, <HIL><BOLD>23</BOLD></HIL>, <HIL><BOLD>24</BOLD></HIL>,
view more
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Enforceable and Valid (103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
12 |
A flow cytometer system for isolating desired cells comprising: a. a cell source which supplies cells to be analyzed by the flow cytometer; b. a chemically coordinated sheath fluid source which creates a sheath fluid environment for said cells
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Enforceable and Valid (102 and 103)
Entry 461 |
13 |
A flow cytometer system for isolating desired cells as described in claim 12 wherein said pre-sort and post-sort cell fluid environments contain at least one hyper-responsive chemical composition to which said cells are particularly responsive
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Enforceable and Valid (102 and 103)
Entry 461 |
Claim # | Claim Text | Outcome |
---|---|---|
9 |
The method of in-vitro fertilization of oocytes of claim 1, wherein said stained sperm cells comprise frozen-thawed stained sperm cells of said non-human mammal prior separated by said flow cytometer into said X-chromosome bearing population or said
view more
|
Enforceable and Valid (102 and 103)
Entry 461 |
-
Infringement
Trans Ova Genetics
- 10 Details
Accused Product | Patent # | Claim # | Outcome |
---|---|---|---|
Flow cytometry-based sex selection protocols | US 6,149,867 A | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 6,263,745 B1 | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 6,357,307 B2 | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 6,524,860 B1 | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 6,604,435 B2 | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 6,782,768 B2 | All Asserted Claims |
No infringement
Entry 500
|
Cytometry system, Flow cytometer sample handling system, Flow cytometry-based sex selection protocols, Frozen-thawed spermatozoa separation system, Sample handling system, Selected sperm cells cryopreserving system, Sheath fluids collection systemsFlow cytometry-based sex selection protocols | US 7,713,687 B2 |
1, 2, 13
|
Willful infringement
Entry 461Entry 500 |
Cytometry system, Flow cytometer sample handling system, Flow cytometry-based sex selection protocols, Frozen-thawed spermatozoa separation system, Sample handling system, Selected sperm cells cryopreserving system, Sheath fluids collection systemsFlow cytometry-based sex selection protocols | US 7,771,921 B2 |
1, 2, 5, 18
|
Willful infringement
Entry 461Entry 500 |
Flow cytometry-based sex selection protocols | US 7,820,425 B2 | All Asserted Claims |
No infringement
Entry 500
|
Flow cytometry-based sex selection protocols | US 8,569,053 B2 | All Asserted Claims |
No infringement
Entry 500
|
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Damages