On July 21, and July 29, 2016, the U.S. District Court for the Western District of Wisconsin issued two final decisions relating to motions filed by the Plaintiff (ABS Global). In the first decision, the Court adopted various claim constructions, which resulted in the Court granting in part Plaintiff’s motion for summary judgment that it did not infringe certain claims of the asserted patents, namely, U.S. Patent Nos. 8,198,092 (“the ‘092 Patent”) and 8,206,987 (“the ‘987 Patent”). In the second decision, the Court granted (i) Plaintiff’s motion in limine to allow it to present evidence to support its noninfringement defenses at trial after conceding infringement at summary judgment, and (ii) Plaintiff’s motion in limine to preclude the Defendant (Inguran, LLC) from offering evidence of commercial success of the patent-in-suit as unreliable. In the underlying case, the Plaintiff brought suit for treble damages and permanent injunctive relief against the Defendant for violation of the federal antitrust laws and Wisconsin common law which forbids unfair competition. The case further involves claims for infringement against the Plaintiff related to the ‘092 Patent and the ‘987 Patent, which are drawn to systems and methods for sorting a mixture of stained particles, including semen. This case remains pending and is captioned 14-cv-503-wmc.
By: Jacqueline A. DiRamio