News / Blog

ABS Global (Premium Genetics) Patents Invalidated
April 3, 2017

Sexing Technologies (ST) d/b/a STgenetics, a world leader and innovator in bovine genetics, announces that it has successfully challenged the validity of four U.S. Patents relating to semen sexing and owned by Premium Genetics, an affiliate of ABS Global (Madison, Wisconsin).

The decision comes at the conclusion of legal proceedings in the U.S. Patent Office initiated by ST, which along with its subsidiaries XY, LLC and Cytonome, Inc. have been leading innovators in sex sorting technology for more than 20 years. The companies’ research and development activities have resulted in over 100 U.S. patents awarded to them in the field of livestock sperm sorting. ST’s experienced research staff led the companies’ efforts in the development of SexedULTRATM high fertility sex semen products, which boast conception rates rivaling conventional semen and add value to customers’ businesses.

Over the past 18 months, ST petitioned the U.S. Patent Office to cancel four Premium Genetics patents that were apparently aimed at protecting ABS Global’s future launch of a semen sexing process designed to compete with ST’s unique and innovative SexedULTRATM semen sorting process. In detailed filings presented to the U.S. Patent Trial and Appeal Board, ST argued that none of the four patents were valid because the patented inventions were not sufficiently new and were obvious variations of “prior art” that included ST’s earlier patents.

The Patent Trial and Appeal Board sided with ST in a series of rulings culminating in a “Final Written Decision” issued on December 20, 2016. As a result of these rulings, all four Premium Genetics patents have been cancelled in their entireties. The invalidated patents are: U.S. Patent No. 7,118,676; U.S. Patent No. 7,355,696; U.S. Patent No. 7,545,491; and U.S. Patent No. 8,933,395.

“We are pleased that the Patent Office agreed with ST that Premium Genetics’ semen sexing patents should not have been granted in the first place,” ST CEO Juan Moreno said. “As the pioneer of commercial sexed semen in the U.S., ST is committed to protecting the sorting technology that we’ve invested significant fiscal and manpower resources to create. We will continue to rigorously defend our intellectual property to ensure that we can offer the highest fertility sexed semen in the marketplace with our exclusive SexedULTRATM products.”

Sexing Technologies and its affiliate, STgenetics, are worldwide leaders and innovators in livestock reproductive services, including sex sorted semen and embryo production.





Summer 2018