`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
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`INGURAN, LLC d/b/a STGENETICS,
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`XY, LLC, and CYTONOME/ST, LLC,
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`Plaintiff/Counterclaim Defendant,
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`Case No, 17-cv—446—wmc
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`V.
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`ABS, GLOBAL, INC, GENUS PLC, and
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`PREMIUM GENETICSS (UK) LTD,
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`Defendants/Counterclaim Plaintiffs.
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`AMENDED JUDGMENT
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`IT IS ORDERED AND ADIUDGED that
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`1) Judgment is entered in favor of plaintiffs/counterclaim defendants Inguran, LLC
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`d/b/a Sexing Technologies (“ST”) and Cytonome/ST, LLC (“Cytonome”), and
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`against defendants/counterclai1n plaintiffs ABS Global, Inc. (“ABS”) and Genus
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`plc (“Genus”),
`jointly and severally, on ST and Cytonome’s claims of
`infringement of claims 1, 11, and 15 of US. Patent No. 7,311,476 (the “’476
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`patent”) and claim 14 of US. Patent No. 7,611,309 (the “’309 patent”) based
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`on ABS’s “G88” and “SSC-A” microfluidic chips. ST and Cytonome shall
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`recover for their past damages caused by ABS and Genus’s infringement as set
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`forth below:
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`a) ABS and Genus shall pay damages both for (i) sales made by ABS or any
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`ABS affiliate or licensee of sexed semen straws that were processed in the
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`United States with infringing microfluidic chips (specifically including sales
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`L
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`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 2 of 4
`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 2 of 4
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`Judgment in a Civil Case
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`Page 2
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`and/or transfers of such straws to any ABS affiliate) (the “U.S.~Processed
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`Straws”), and (ii) sales made by ABS or any ABS affiliate or licensee of sexed
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`semen straws that were processed outside the United States with infringing
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`microfluidic chips that were either manufactured in or at any time prior to
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`the production of such straws imported into the United States (the “Foreign-
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`Processed Straws”).
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`b) For sales of U.S.-Processed Straws that took place on or before September
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`10, 2019, and sales of Foreign-Processed Straws that took place on or before
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`June 30, 2019, ABS and Genus shall pay ST and Cytonome damages in the
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`amount of $10,295,196.60, along with prejudgment interest in the amount
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`of $653,664.12.
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`c) For sales of Foreign-Processed Straws that took place between July 1, 2019,
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`and September 10, 2019, ABS and Genus shall pay ST and Cytonome
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`damages at the rate of $2.60 per sexed semen straw, along with prejudgment
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`interest (calculated at the prime rate, compounded annually). ABS and
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`Genus shall provide a royalty report accounting for the number of royalty—
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`bearing sales and showing how prejudgment interest was calculated, and pay
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`for such damages to ST and Cytonome within 60 days of the entry of this
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`judgment.
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`d) To the extent applicable, ABS and Genus shall pay ST and Cytonome post-
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`judgment interest on the above damages amounts, as provided for in 28
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`U.S.C. § 1961.
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`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 3 of 4
`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 3 of 4
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`Judgment in a Civil Case Page 3
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`2) Judgment
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`is entered in favor of ST and Cytonome for ABS or Genus's
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`infringement of the ’476 patent and ’309 patent on or after September 11, 2019,
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`granting ST and Cytonome an ongoing royalty of (a) $2.60 for every sale by
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`ABS or any ABS affiliate or licensee of a U.S.-Processed Straw or Foreign-
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`Processed Straw, where the infringing chip that produced the straw was
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`manufactured in or imported into the United States before January 22, .2020,
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`and (b) $3.25 for every sale by ABS or any ABS affiliate or licensee of a US.-
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`Processed Straw or Foreign-Processed Straw, where the infringing chip that
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`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
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`the remaining life of the ’476 and ’309 patents. Any ongoing royalty payments
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`shall be made on a quarterly basis with a report that includes an accounting of
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`the number of royalty-bearing straws that were sold during that quarter. Such
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`payment and report shall be made within 60 days of the end of the calendar
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`quarter for which payment and reporting are made, except that the first report
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`and payment -- covering pre-judgment sales between September 11, 2019 and
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`the date of this judgment -— will be due 60 days after the entry of judgment.
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`3) Judgment is entered in favor of ST and against ABS and Genus on ABS and
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`Genus’s claims of invalidity of claims 1, 11, and 15 of the ’476 patent. ABS and
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`Genus’s claims of invalidity of claims 2-8, 10, 12, 21-22, and 25-28 of the ’476
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`patent are dismissed.
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`4) Iudgment is entered in favor of ST and against ABS and Genus on ABS and
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`Genus’s claims of invalidity of claim 14 of the ’309 patent.
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`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 4 of 4
`Case: 3:17-cv-00446-wmc Document #: 613 Filed: 06/24/20 Page 4 of 4
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`Judgment in a Civil Case
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`Page 4
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`5) Judgment is entered in favor of ST and against ABS on ABS’s claim that ST
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`breached the quality control provisions of ST and ABS’s 2012 Semen Sorting
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`Agreement.
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`6) Judgment is entered in favor of ABS and Genus and against ST and Cytonome
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`on ST and Cytonome’s claims of infringement of US. Patent No. 8,529,161
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`(the"’161 patent”) and US. Patent No. 9,446,912 (the “’912 patent"). ABS
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`and Genus’s counterclaims as to the invalidity of the ’161 patent and the ’912
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`patent are dismissed.
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`7) Judgment is entered in favor of ABS and Genus and against ST and KY, LLC
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`(“XY”) on ABS and Genus’s claim for declaratory judgment of invalidity of
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`claims 1-7, 17-19, 21-22, 28, 30-32, and 38-44 of the US. Patent No.
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`6,524,860 (the “’860 patent”).
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`8) Judgment is entered in favor of ABS, Genus, and Premium Genetics (UK) Ltd
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`on XY’s claims of trade secret misappropriation under state and federal law.
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`9) Judgment is entered in favor of ABS, Genus, and Premium Genetics (UK) Ltd
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`on ST’s breach of contract claim.
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`Approved as to form this 24th day of June, 2020.
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`Peter Oppeneer
`Clerk of Court
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`Date
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