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Case: 3:17-cv-00446-wmc Document #: 607 Filed: 06/08/20 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`INGURAN, LLC d/b/a STGENETICS,
`XY, LLC, and CYTONOME/ST, LLC,
`
`Plaintiff/Counterclaim Defendant,
`
`Case No. 1 7-cv-446-wmc
`
`V.
`
`ABS, GLOBAL, INC., GENUS PLC, and
`PREMIUM GENETICSS (UK) LTD.,
`
`Def en dan ts/Counterclaim Plain ti ff s.
`
`FINAL JUDGMENT
`
`IT IS ORDERED AND ADJUDGED that
`
`1) Judgment is entered in favor of plaintiffs/counterclaim defendants Inguran, LLC
`
`d/b/a Sexing Technologies ("ST") and Cytonome/ST, LLC ("Cytonome"), and
`
`against defendants/counterclaim plaintiffs ABS Global, Inc. ("ABS") and Genus
`
`plc ("Genus"),
`
`jointly and severally, on ST and Cytonome's claims of
`
`infringement of claims 1, 11, and 15 of U.S. Patent No. 7,311,476 (the '"476
`
`patent") and claim 14 of U.S. Patent No. 7,611,309 (the '"309 patent") based
`
`on ABS's "GSS" and "SSC-A" microfluidic chips. ST and Cytonome shall
`
`recover for their past damages caused by ABS and Genus's infringement as set
`
`forth below:
`
`a) ABS and Genus shall pay damages both for (i) sales made by ABS or any
`
`ABS affiliate or licensee of sexed semen straws that were processed in the
`
`United States with infringing microfluidic chips (specifically including sales
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 607 Filed: 06/08/20 Page 2 of 4
`
`Judgment in a Civil Case
`
`Page 2
`
`and/or transfers of such straws to any ABS affiliate) (the "U.S.-Processed
`
`Straws"), and (ii) sales made by ABS or any ABS affiliate or licensee of sexed
`
`semen straws that were processed outside the United States with infringing
`
`microfluidic chips that were either manufactured in or at any time prior to
`
`the production of such straws imported into the United States (the "Foreign(cid:173)
`
`Processed Straws").
`
`b) For sales of U.S.-Processed Straws that took place on or before September
`
`10, 2019, and sales of Foreign-Processed Straws that took place on or before
`
`June 30, 2019, ABS and Genus shall pay ST and Cytonome damages in the
`
`amount of $10,295,196.60, along with prejudgment interest in the amount
`
`of $653,664.12.
`
`c) For sales of Foreign-Processed Straws that took place between July 1, 2019,
`
`and September 10, 2019, ABS and Genus shall pay ST and Cytonome
`
`damages at the rate of $2.60 per sexed semen straw, along with prejudgment
`
`interest (calculated at the prime rate, compounded annually) . ABS and
`
`Genus shall provide a royalty report accounting for the number of royalty(cid:173)
`
`bearing sales and showing how prejudgment interest was calculated, and pay
`
`for such damages to ST and Cytonome within 60 days of the entry of this
`
`judgment.
`
`d) To the extent applicable, ABS and Genus shall pay ST and Cytonome post(cid:173)
`
`judgment interest on the above damages amounts, as provided for in 28
`
`U.S.C. § 1961.
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 607 Filed: 06/08/20 Page 3 of 4
`Judgment in a Civil Case
`
`Page 3
`
`2) Judgment is entered in favor of ST and Cytonome for ABS or Genus's
`
`infringement of the '476 patent and '309 patent on or after September 11, 2019,
`
`granting ST and Cytonome an ongoing royalty of (a) $2.60 for every sale by
`
`ABS or any ABS affiliate or licensee of a U.S .-Processed Straw or Foreign(cid:173)
`
`Processed Straw, where the infringing chip that produced the straw was
`
`manufactured in or imported into the United States before January 22, 2020,
`
`and (b) $3.25 for every sale by ABS or any ABS affiliate or licensee of a U.S.(cid:173)
`
`Processed Straw or Foreign-Processed Straw, where the infringing chip that
`
`produced the straw was manufactured in or imported into the United States on
`
`or after the January 22, 2020. This ongoing royalty obligation shall run through
`
`the remaining life of the '476 and '309 patents. Any ongoing royalty payments
`
`shall be made on a quarterly basis with a report that includes an accounting of
`
`the number of royalty-bearing straws that were sold during that quarter. Such
`
`payment and report shall be made within 60 days of the end of the calendar
`
`quarter for which payment and reporting are made, except that the first report
`
`and payment -- covering pre-judgment sales between September 11, 2019 and
`
`the date of this judgment -- will be due 60 days after the entry of judgment.
`
`3) Judgment is entered in favor of ST and against ABS and Genus on ABS and
`
`Genus's claims of invalidity of claims 1, 11 , and 15 of the '4 76 patent.
`
`4) Judgment is entered in favor of ST and against ABS and Genus on ABS and
`
`Genus's claims of invalidity of claim 14 of the '309 patent.
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 607 Filed: 06/08/20 Page 4 of 4
`
`Judgment in a Civil Case
`
`Page 4
`
`5) Judgment is entered in favor of ST and against ABS on ABS's claim that ST
`
`breached the quality control provisions of ST and ABS's 2012 Semen Sorting
`
`Agreement.
`
`6) Judgment is entered in favor of ABS and Genus and against ST and Cytonome
`
`on ST and Cytonome's claims of infringement of U.S. Patent No. 8,529,161
`
`and U.S. Patent No. 9,446,912.
`
`7) Judgment is entered in favor of ABS and Genus and against ST and XY, LLC
`
`("XY") on ABS and Genus's claim for declaratory judgment of invalidity of
`
`claims 1-7, 17-19, 21-22, 28, 30-32, and 38-44 of the U.S. Patent No.
`
`6,524,860 (the '"860 patent").
`
`8) Judgment is entered in favor of ABS, Genus, and Premium Genetics (UK) Ltd
`
`on XY's claims of trade secret misappropriation under state and federal law.
`
`9) Judgment is entered in favor of ABS, Genus, and Premium Genetics (UK) Ltd
`
`on ST's breach of contract claim.
`
`Approved as to form this 5th day of June, 2020.
`
`Peter Oppeneer
`Clerk of Court
`
`Date
`
`

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