Trans Ova’s and XY’s Post-Trial Motions Granted-in-Part and Denied-in-Part

April 13, 2016—A Colorado judge ruled on eight post-trial motions after a jury found that Defendant Trans Ova willfully infringed two of Plaintiff XY LLC’s patents.  The patents-at-issue are U.S. Patent Nos. 7,820,425 and 7,195,920, entitled respectively, “Method of cryopreserving selected sperm cells” and “Collection systems for cytometer sorting of sperm.”  The court granted Trans Ova’s motion to alter or amend the jury verdict that Trans Ova willfully infringed XY LLC’s patents, but denied Trans Ova’s motions for judgment as a matter of law and for a new trial on the issue of invalidity.  Additionally, the court denied XY’s motions to declare the case exceptional, to award attorney’ fees, and for an award of enhanced damages. XY’s motions to set an ongoing royalty rate and for prejudgment interest were granted in part. The case is before the United States District Court for the District of Colorado and is Civil Action No. 13-cv-0876.

By:  Katherine E. Adams

View Attachment (PDF)