Court Report Supplement - November 1, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP
Contact

[author: Ann Palma]

Gavel About Court Report Supplement:  Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column.

W.H.P.M., Inc. v. BiotechPharma, LLC et al.
1:12-cv-137; filed February 10, 2012 in the Eastern District of Virginia

• Plaintiff:  W.P.H.M., Inc.
• Defendants:  BiotechPharma, LLC and Raouf A. Guirguis

Infringement of U.S. Patent No. 7,927,562 ("Collection and Assay Device for Biological Fluid," issued April 19, 2011) based on BiotechPharma's manufacture, use, sale, and offers for sale of its products for drug testing and identity verification, including the "BTP tube device" or "DRG-SA06 Drug Testing & Identity Verification System."  View complaint here.

Lonza Walkersville, Inc. v. Hyglos GmbH
1:2012-cv-602; filed February 4, 2012 in the District of Maryland

Infringement of U.S. Patent Nos. 5,716,834 ("Cloned Factor C cDNA of the Singapore Horseshoe Crab, Carcinoscorpius Rotundicauda and Purification of Factor C Proenzyme," issued February 10, 1998), 5,712,144 (same title, issued on January 27, 1998), 5,858,706 ("Expression of Carcinoscorpius Rotundicauda Factor C in Eukaryotes," issued on January 12, 1999), 5,985,590 (same title, issued on November 16, 1999), and 6,645,724 ("Assays for Endotoxin," issued on November 11, 2003) based on Hyglos GmbH's manufacture, use, offers for sale, sale, and importation of products that contain endotoxin detection assays, including EndoLISA®, or that contain an affinity matric for removal of bacterial endotoxins from solutions, including EndoTRAP®.  View the complaint here.

ArcticDX, Inc. et al v. Sequenom, Inc. et al.
2:12-cv-00081; filed February 29, 2012 in the Eastern District of Texas

• Plaintiffs:  ArcticDx, Inc.; ArcticA, Inc.; ArticAx US Ltd.
• Defendants:  Sequenom, Inc.; Sequenom Center for Molecular Medicine, LLC

Infringement of U.S. Patent No. 8,114,592 ("Genetic Markers Associated with Age-Related Macular Degeneration, Methods of Detection and Uses Thereof," issued February 14, 2012) based on Sequenom's use, sale, and offer for sale of genetic diagnostic products, including RetnaGene®.  Declaratory Judgment of noninfringement and invalidity of U.S. Patent Nos. 8,053,190 ("Susceptibility Genes for Age-Related Maculopathy (ARM) on Chromosome 10q26," issued November 8, 2011), 7,867,727 ("Methods and Reagents for Treatment and Diagnosis of Vascular Disorders and Age-Related Macular Degeneration," issued January 11, 2011), 7,695,909 ("Susceptibility Genes for Age-Related Maculopathy (ARM) on Chromosome 10q26," issued on April 13, 2010), 7,351,524 ("Diagnostics and Therapeutics for Macular Degeneration-Related Disorders," Issued on April 1, 2008) or 8,088,579 ("Complement Factor H for Diagnosis of Age-Related Macular Degeneration," issues January 3, 2012) based on Arctic's manufacture, use, or sale of products for genetic diagnostics, including Macula Risk®.  View the complaint here.

XY, LLC v. Trans Ova Genetics, LC
5:12-cv-208; filed March 5, 2012 in the Southern District of Western District of Texas

Infringement of U.S. Patent Nos. 7,820,425 ("Method of Cryopreserving Selected Sperm Cells," issued on October 26, 2010), 6,357,307 ("System and Method of Flow Cytometry and Sample Handling," issued on March 19, 2002), 6,604,435 ("Low Acceleration Method of Flow Cytometry," issued on August 12, 2003), 6,782,768 ("Flow Cytometer Nozzle," issued on August 31, 2004), 6,263,745 ("Flow Cytometer Nozzle and Flow Cytometer Sample Handling Methods," issued on July 24, 2001), 7,713,687 ("System to Separate Frozen-Thawed Spermatozoa Into X-Chromosome Bearing and Y-Chromosome Bearing Populations," issued on May 11, 2010), 7,771,921 ("Separation systems of Frozen-Thawed Spermatozoa into X-Chromosome Bearing and Y-Chromosome Bearing populations," issued on August 10, 2010), 6,149,867 ("Sheath Fluids and Collection Systems for Sex-Specific Cytometer Sorting of Sperm," issued on November 21, 2000), 6,524,860 ("Methods for Improving Sheath Fluids and Collection Systems for Sex-Specific Cytometer Sorting of Sperm," issued on February 25, 2003), and 7,195,920 ("Collection Systems for Cytometer Sorting of Sperm," issued on March 27, 2007) based on Defendant's use of flow cytometers (or other similar apparatuses) for sex selection of sperm cells and the sale of semen produced using such apparatuses, in addition to Defendant's use of flow cytometry-based sex selection protocols and procedures.  View the complaint here.

Proprietary Wellness, LLC v. Primordial Performance, LLC
4:12-cv-11072; filed March 9, 2012 in the Eastern District of Michigan

Infringement of U.S. Patent No. 8,084,446 ("Use of DHEA Derivatives for Enhancing Physical Performance," issued on December 27, 2011) based on Defendant's manufacture, use, offer for sale, sale, and importation of products or processes containing 4-DHEA or Andosterone and its esters, in addition to claims of breach of license agreements, unjust enrichment, quantum merit, and tortious interference. View the complaint here.

Butamax™ Advanced Biofuels LLC v. Gevo, Inc.
12-cv-298; filed March 12, 2012 in the Eastern District of Delaware

Infringement of U.S. Patent No. 8,129,162 ("Ketol-Acid Reductoisomerase Using NADH," issued on March 6, 2012) based on Defendant's manufacture and use of recombinant microorganisms comprising mutant ketol-acid reductoisomerase enzymes.  View the complaint here.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Written by:

McDonnell Boehnen Hulbert & Berghoff LLP
Contact
more
less

McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.