On December 1, 2017, Trans Ova Genetics, LC (“Petitioner”) filed a Petition to the USPTO’s Patent Trial and Appeal Board (“Board”) for an inter partes review of claims 1-16 of U.S. Patent No. 8,652,769 (“the ‘769 Patent”). The ‘769 Patent is owned by XY, LLC and is drawn to methods for separating frozen-thawed spermatozoa into X-chromosome bearing and Y-chromosome bearing populations. In the Petition, Petitioner alleges that claims 1-16 are obvious under 35 U.S.C. § 103 over various patent and non-patent literature documents. The inter partes review remains pending at the Board and is captioned IPR2018-00250.
By: Jacqueline A. DiRamio