January 30, 2013

The United States Patent and Trademark Office (USPTO) has again upheld all key claims of Microbix's U.S. LumiSort patent, following a second competitive challenge by Microbix Biosystems Inc on Jan. 25, 2013.

The USPTO plans to issue an Ex Parte Reexamination Certificate confirming the patentability of the claims of U.S. Patent 8,004,661, Microbix's first-issued patent for LumiSort technology. Sexing Technologies, the dominant incumbent in livestock sperm sexing, has twice challenged the patentability of the claims, and the USPTO has again rejected their challenge.

Vaughn Embro-Pantalony, president and chief executive officer of Microbix commented on the decision.

"We have maintained that the technological innovation embodied in LumiSort represents a significant advancement in sperm sexing for the livestock industry. Having overcome repeated attempts to invalidate our patent, it is clear that LumiSort is significantly different from prior art technology and satisfies the standard for patent protection. We will continue to defend and expand our LumiSort patent estate as the development program advances."

Dr. Mark Luscher, VP Scientific Affairs and the inventor of LumiSort technology, offered, "Patent protection rewards innovation to stimulate economic progress. LumiSort will provide significant benefits for the livestock industries and food production worldwide, and the innovative foundation of our technology has now been twice affirmed by the U.S. Patent Office."