The US Court of Appeals for the Federal Circuit
affirmed-in-part, vacated-in-part and remanded a district
court's rulings on validity, finding that the patent owner was
collaterally estopped from asserting certain patents as a
consequence of a Patent Trial and Appeal Board (PTAB) invalidation
in a separate proceeding between non-mutual parties. XY, LLC v.
Trans Ova Genetics, L.C., Case Nos. 16-2054; -2136 (Fed. Cir.,
May 23, 2018) (Chen, J) (Newman, J, dissenting).
XY sued Trans Ova alleging infringement of six patents relating
to the sorting of X- and Y-chromosome-bearing sperm cells, which
can be used for gender selective breeding purposes. The six patents
were grouped into four categories called (1) the Fluid Patents, (2)
the Freezing Patent, (3) the In Vitro Fertilization Patent and (4)
the Reverse Sort Patents. XY also included claims for breach of
contract and unjust enrichment. Trans Ova asserted patent
invalidity and breach of contract.
