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Xy v. Trans Ova Genetics, LC

Xy v. Trans Ova Genetics, LC

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00876: Xy, LLC v. Trans Ova Genetics, LC. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l7Wj for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00876: Xy, LLC v. Trans Ova Genetics, LC. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l7Wj for more info.

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Published by: PriorSmart on Apr 08, 2013
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12/01/2013

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IN
THE
UNITED
STATES
DISTRICTCOURT
FORTHE
WESTERNDISTRICT
OF
TEXAS
SAN
ANTONIO
DIVISION
XY,LLC
§§
PLAINTIFF,
§§
V.
§
CivilActionNo.
5:12-cv-208
§
TRANS
OVA
GENETICS,
LC
§
JURYDEMAND
§
DEFENDANT.
§
COMPLAINTFOR
PATENT
INFRINGEMENT
Plaintiff
XY,
LLC(“XY”)filesthisOriginal
Complaint
for
damages
against
Trans
Ova
Genetics,
LC
(“Defendant”).
In
support
of
its
Original
Complaint,
XYshows
as
follows:
THE
PARTIES
1.
XY
is
a
limitedliability
company
duly
organized
and
existingunder
thelaws
of
Delaware,
having
an
officeandplace
of
business
at
9200
Broadway,Suite
111,
San
Antonio,
Texas78217.
2.
Defendant,
TransOvaGenetics,
LC,
is
an
Iowa
limited
liability
companywith
a
principalplace
of
business
located
at2938
380th
Street,
SiouxCenter,
Iowa
51250.
Defendantmay
be
servedby
delivering
a
copy
of
the
complaint
toits
registeredagent
for
service
of
process,
Chad
Feenstra,
2938
3
80th
Street,SiouxCenter,
Iowa
51250.
NATURE
OF
THEACTION
3.
This
isa
civil
action
for
the
infringement
of
United
States
Patent
No.7,820,425,
United
States
Patent
No.
6,357,307,United
StatesPatentNo.
6,604,435,
United
States
Patent
No.
6,782,768,United
StatesPatent
No.
6,263,745,
United
States
Patent
No.
7,713,687,
United
States
Patent
No.
7,771,921,United
States
Patent
No.
6,149,867,
United
States
Patent
No.
1
Case 5:12-cv-00208-OLG Document 1 Filed 03/05/12 Page 1 of 14
 
6,524,860,
and
United
StatesPatentNo.7,195,920
(the
“AssertedPatents”)underthe
Patent
laws
of
the
United
States,
35
U.S.C.
§
271
etseq.
JURISDICTION
4.
ThisCourt
has
subject
matterjurisdictionpursuant
to
28
U.S.C.
§
§
1331
and
133
8(a)
because
thisaction
arises
under
the
patent
laws
of
the
United
States,
including
35
U.S.C.
§
271
etseq.
This
Courthas
personal
jurisdiction
over
the
Defendant
in
that
it
has
committed
acts
within
Texas
andthis
judicialdistrict
givingrise
to
this
action
andthe
Defendanthasestablishedminimum
contactswith
theforumsuchthattheexercise
of
jurisdictionovertheDefendantwould
not
offend
traditionalnotions
of
fairplayand
substantial
justice.VENUE
5.
Defendant
has
committed
acts
withinthis
judicialdistrict
givingrise
to
this
action
anddoes
business
in
this
district,
having
a
location
at
1233
StateHwy
7,
Centerville,
Texas75833.
Defendant
has
committed
acts
of
patentinfringement
atits
Centervillelocation,includingoffering
and
performinglivestockreproductive
services
using
XY’s
patentedmethods,apparatuses,
and
chemicalcompositions
for
the
sex-selection
of
sperm
cells.Venue
is
proper
in
this
districtpursuant
to
28
U.S.C.
§1391(b),
1391(c),
and
1400(b).
FACTUALBACKGROUND
6.
XY
researches,develops,
and
commercializestechnology
forsex
selection
of
non-humanmammals
such
as
cattleandhorses.Such
technologytypically
involves
theuse
of
a
flow
cytometer,
a
machinethat
is
used
to
separatespermcells
that
carryan
X
chromosomefrom
those
thatcarry
a
Y
chromosome.
Once
separated
in
thisfashion,thespermcellscanbe
usedfor
sex
selection
to
produce
offspring
of
a
desired
gender.
XYowns
patentsonmany
valuabletechnologicaladvances
in
thefield
of
flowcytometer-based
sex
selection
(the“XY
Patents”).
2
Case 5:12-cv-00208-OLG Document 1 Filed 03/05/12 Page 2 of 14
 
7.
In
2004,XYand
Defendant
entered
intoa
limited,
field-of-uselicense
agreementcovering
theXYPatents,including
the
Asserted
Patents
(“the
Agreement”).
8.
Subsequent
to
entering
intothe
Agreement,
Defendant
began
engaging
in
activitythatexceeds
thescope
of
thelimited,
field-of-use
license,and
in
doing
so,
materially
and
incurablybreachedvariousprovisions
of
the
Agreement.As
a
result,the
Agreement
was
terminated
on
November
20,
2007,or
has
otherwise
expired
according
to
itsterms.
9.
After
termination
of
the
Agreement,
Defendant
has
continued
to
practice
XY’s
patentedinventions
andhas
therefore
infringed,and
continues
to
infringe,
the
AssertedPatents,including,without
limitation,
through
Defendant’s
use
of
flowcytometers
or
othersimilarapparatuses
for
sex
selection
of
spermcellsandthesale
of
semen
producedusing
such
apparatuses;
Defendant’s
use
of
fluidsand
other
chemical
compositions
designedfor
use
in
flowcytometry-based
sex
selection;andDefendant’suse
of
flow
cytometry-based
sex
selectionprotocols
and
procedures.
10.
This
Complaint
seeks
relief
solelyforacts
of
infringementcommitted
after
the
termination
of
the
Agreement.
COUNT
I
INFRINGEMENT
OF
U.S.
PATENTNO.
7g82OA25
11.
The
above
paragraphs
are
incorporated
by
reference
as
if
fully
restated
herein.
12.
On
October
26,
2010,
United
States
Patent
No.7,820,425
(the
“425”
Patent)was
dulyand
legallyissued
foran
invention
entitled“Method
of
CryopreservingSelected
Sperm
Cells.”
A
true
and
correct
copy
of
the
‘425
Patent
is
attachedhereto
as
Exhibit
A.
XY
is
the
Owner/Assignee
of
the
‘425
Patent
andhastheright
tosueon
andseek
enforcement
of
the
‘425
Patent.XY
has
owned
the
‘425
Patent
atall
times
relevant
to
this
complaint
andstillowns
the
‘425
patent.
3
Case 5:12-cv-00208-OLG Document 1 Filed 03/05/12 Page 3 of 14

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