PTAB Weighs Whether Cattle Breeding Patent Is Obvious

Law360 (September 11, 2019, 9:05 PM EDT) -- A U.S. Patent Trial and Appeal Board panel gave few hints Wednesday about whether it was persuaded that an XY LLC patent for gender-sorting cattle sperm can survive a challenge from ABS Global Inc.

ABS Global said the patent is obvious and therefore invalid, an argument that could hinge on whether a skilled artisan would have been motivated to use citric acid or sodium citrate as a component in two of three fluids used in the sperm sorting process, as XY did.

ABS Global argued to the board during a two-hour hearing that sperm sorting was well-known before the patent was...

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