Bergeson, LLP Obtains Dismissal On Behalf Of Client
On September 14, 2012, the United States District Court for the Northern District of California granted Bergeson, LLP client Auxogyn, Inc.’s motion to dismiss a complaint filed by Auxogyn’s competitor, Unisense Fertilitech A/S. Auxogyn is a developer of innovative technologies aimed at improving the success rates of in vitro fertilization (IVF) treatments, and is the exclusive licensee of U.S. Patent No. 7,963,906, entitled “Imaging and evaluating embryos, oocytes, and stem cells.” In October 2011, Unisense filed a complaint for declaratory relief of non-infringement, invalidity and unenforceability of the ‘906 Patent, alleging that Auxogyn had sent correspondence creating a case or controversy as to the ‘906 patent. The District Court found that Unisense had no reasonable apprehension of a patent infringement lawsuit and that the Court would be rendering an advisory opinion should it retain jurisdiction over the dispute. The District Court granted Unisense leave to amend “out of an abundance” of caution, and only to the extent possible consistent with Unisense’s Federal Rule of Civil Procedure 11 obligations and the Court’s order. Daniel Bergeson, Mindy Morton, Jaideep Venkatesan and Sara Petersen Graves represented Auxogyn.