SOURCE: Auxogyn


October 11, 2012 08:00 ET

Auxogyn Strengthens Intellectual Property Rights for Eeva™ Test

Auxogyn Wins Motion to Dismiss Patent Litigation Initiated by Unisense Fertilitech; Company Receives Notice of Allowance for Second U.S. Patent Licensed From Stanford University

MENLO PARK, CA--(Marketwire - Oct 11, 2012) - Auxogyn, Inc., a company focused on revolutionizing the field of reproductive health, today announced that the U.S. District Court for the Northern District of California has ruled in favor of Auxogyn and Stanford University and dismissed a patent lawsuit initiated by Unisense Fertilitech. The lawsuit had requested the Court to rule that Unisense's EmbryoScope does not infringe U.S. Patent Number 7,963,906 B2 issued to Stanford University, and that the patent is invalid and unenforceable. Auxogyn is the exclusive licensee of this patent from Stanford University.

Auxogyn also announced that the U.S. Patent and Trademark Office (USPTO) has issued a notice of allowance for a second patent to Stanford University that will cover certain predictive parameters for the assessment of embryo viability during in vitro fertilization (IVF) procedures used in Auxogyn's Early Embryo Viability Assessment (Eeva) Test. Auxogyn is also the exclusive licensee of that patent.

"We are pleased with the court's decision to dismiss the lawsuit and believe that this process has further strengthened our intellectual property position," said Lissa Goldenstein, president and chief executive officer of Auxogyn. "This second patent provides further validation of the inventive work done at Stanford University in the field of human embryology and is the next in a portfolio of patents that have been filed in the U.S., Europe and other countries. The addition of it to our broad portfolio will allow us to continue to develop innovative technologies that advance the field of reproductive health and make a difference in the lives of families."

She added, "The value of our technology lies in its unique ability to evaluate and predict embryo viability as early as day 3, allowing clinicians to select a viable embryo in a timely manner. By providing valuable insight into early embryo development, Eeva has the potential to improve clinical pregnancy rates for IVF patients."

About IVF
Infertility affects one out of every six couples. The demand for assisted reproduction tools and procedures is growing by approximately 10-15 percent per year worldwide due to higher infertility rates caused by an increasing maternal age as more women are starting families later in life. The demand is growing despite the significant cost per cycle and the low success rate with approximately one-third of cycles resulting in a live birth. This necessitates the transfer of multiple embryos and/or conducting multiple cycles, leading to greater physical, emotional, practical and financial costs, before determining if pregnancy can be achieved.

About the Eeva™ Test
Auxogyn's initial intellectual property, licensed from Stanford University, reflects landmark research conducted by pioneering scientists from the Stanford Institute for Stem Cell Biology and Regenerative Medicine and published in the peer-reviewed journal Nature Biotechnology in 2010. This research provided the first link between embryo developmental outcome, cell division events and the molecular health of the embryo. This groundbreaking work also identified key parameters that can predict with high accuracy at cleavage stage which embryos will likely grow to blastocyst stage. Auxogyn created the Eeva™ Test to bring this scientific discovery to everyday clinical practice.

The non-invasive Eeva Test is designed to improve IVF outcomes by providing clinicians and patients with objective information that will enable them to more confidently select embryo(s) for transfer. Eeva's proprietary software automatically analyzes embryo development against scientifically and clinically validated cell-division parameters, not only providing novel quantitative information, but also ensuring consistent measurements to assess embryo development versus the manual methods used today in clinical practice. With Eeva's quantitative data for each embryo's potential development, IVF clinics may be able to optimize the treatment path for their patients undergoing IVF procedures.

Auxogyn received CE mark for Eeva in July 2012, and it is currently available for use in the European Union. Eeva is not yet cleared in the United States and is limited to investigational use only.

About Auxogyn
Auxogyn is revolutionizing the field of reproductive medicine by translating scientific discoveries in early embryo development into clinical tools. The Company's flagship product, the Eeva™ Test, delivers consistent, objective and quantitative information regarding embryo viability that reproductive endocrinologists and infertility patients can use to make important treatment decisions. Auxogyn is privately held and funded by Kleiner Perkins Caufield & Byers, Merck Serono Ventures, SR One and TPG Biotech. For more information regarding Auxogyn, please visit

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