ABS Global Inc. (ABS), a division of Genus plc, a global pioneer in animal genetics, was granted a permanent injunction in connection with its litigation against Inguran LLC, operating as Sexing Technologies (ST). The injunction was announced by the U.S. District Court for the Western District of Wisconsin on March 31.
In granting the permanent injunction the court confirmed that ST is prevented from enforcing certain research, marketing and non-compete restrictions under the 2012 Semen Sorting Agreement between ST and ABS. It also allows other bull studs in the U.S. to terminate their ST sexed semen processing agreements on 12 months’ notice, without damage or penalty. The injunction will remain in force for five years and ST is required by the Court to give prompt written notice of the Court’s decision to the other bull studs. ABS sought the injunction in light of the jury finding in August 2016, that ST had willfully maintained monopoly power in the market for sexed bovine semen processing in the U.S. since July 2012.
Dairy farmers have a preference for female calves, and the use of sexed semen in artificial insemination is designed to provide customers with female calves. ABS plans to launch its own brand of sexed genetics, Sexcel™, in 2017. Sexcel is produced through a novel technology for sexing bovine semen that does not subject the cells to the high pressures, electric currents and shear forces of the technology currently in use in the industry. The commercial launch of Sexcel will provide ABS customers with new and exciting product to help them profit through genetic progress.
“We are very excited to bring our innovative 21st century technology to the market and introduce competition to the marketplace,” said Nate Zwald, Chief Operating Officer – ABS Global. “We know we have a strong product and trial results validate that we have a very effective sexed offering to present to our customers. We are also excited to bring competition to the market for bovine sexed semen processing, benefiting dairy and beef producers.”