POSITIVE NEWS in ANTI-Trust Litigation
DEFOREST, Wis. (Aug. 15, 2016)—ABS Global (ABS), a division of Genus plc, a global pioneer in animal genetics, can now report its plans to move forward in preparation for the launch of its Genus Sexed Semen (‘GSS’) technology, based on the final jury verdict in its anti-trust litigation against Inguran LLC, operating as Sexing Technologies (‘ST’), relating to ABS’ GSS processing technology.
ABS is now awaiting the court’s decision on its request for an injunction which was filed last Friday, August 12, 2016. “The judge must consider the injunction arguments and we expect the process to take 60-90 days,” said Jesus Martinez, ABS’ global business development director. “Once we get a resolution from the injunction decision we will be able to launch our GSS technology.”
In that verdict, delivered earlier in the week, the jury determined that ABS had proved that ST willfully maintained monopoly power in the market for sexed bovine semen processing in the US. “We have long believed that ST was preventing ABS from competing in a fair and open market,” noted Martinez. “We are pleased the jury agreed and are looking forward to the opportunity to bring our GSS technology to the market.”
Late Friday, the US District Court for the Western District of Wisconsin jury announced damages—that Genus should pay ST an upfront payment as well as an ongoing royalty on commercialization of the GSS technology for the use of two of ST's US patents, both of which had been determined by the jury to be valid and infringed. In respect to ABS' breach of the confidentiality obligations under the 2012 semen sorting agreement between the parties, damages were determined by the jury to be $750,000.
GSS is a novel technology for sexing bovine semen that does not subject the sperm cells to the high pressures and forces of the technology currently in use in the industry. Dairy farmers have a preference for female calves, and the use of gender skewed sexed semen in artificial insemination provides customers with female calves from ABS’ elite genetic lines. The commercial launch of GSS will provide ABS' customers with the benefit of a new technology solution for the processing of sexed bovine semen, which will help them accelerate genetic improvement in their herds.
Headquartered in DeForest, Wisconsin, U.S.A., ABS Global, Inc. is the world‐leading provider of genetic improvement solutions and reproduction services that help customers PROFIT FROM GENETIC PROGRESS. Marketing in nearly 80 countries around the globe, ABS has been at the forefront of animal genetics and technologies since its founding 75 years ago. ABS Global is a division of Genus plc.
Posted on Wed, August 17, 2016
by Christina Torkelson