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Cybergenetics files infringement suit to enforce DNA mixture analysis patents
Cybergenetics filed a patent infringement suit on May 24, 2019 against the Institute of Environmental Science and Research (ESR) and NicheVision Inc. in the United States District Court for the Northern District of Ohio, asserting claims for infringement of two Cybergenetics patents directed to improved methods of analyzing DNA mixtures.
Cybergenetics' amended complaint alleges that the sale of the STRmix™ probabilistic genotyping software infringes U.S. Patent Numbers 8,898,021 and 9,708,642. ESR is a New Zealand Crown Research Institute that manufactures the STRmix™ product, and NicheVision is ESR’s exclusive distributor for STRmix™ in the United States.
Cybergenetics and its Chief Scientific and Executive Officer Dr. Mark W. Perlin have innovated computer-based methods for interpretation of complex DNA data for over twenty years. The company's TrueAllele® system is used by prosecutors, defenders, and crime labs throughout the United States. It has been used to exonerate the innocent and convict the guilty, and it helped identify victim remains following the World Trade Center disaster.
Cybergenetics' President Dr. Ria David said, "Our American-made products and services help courts find the truth in DNA evidence. Cybergenetics promotes better justice through better science. Our company vigorously defends its intellectual property rights."
Cybergenetics is represented in the action against ESR and NicheVision by Crowell & Moring and Vorys Sater Seymour & Pease.
- U.S. Patent Application Publication Number 2002/0152035 (17-Oct-2002) – Patent Publication
- U.S. Patent Number 8,898,021 (25-Nov-2014) – Issued Patent
- U.S. Patent Number 9,708,642 (18-Jul-2017) – Issued Patent
- Cybergenetics v. ESR & NicheVision (24-May-2019) – Complaint for Patent Infringement
- Cybergenetics v. ESR & NicheVision (16-Oct-2019) – Amended Complaint for Patent Infringement