Embrex has filed suit in the U.S. District Court of Eastern N.C. against Gainesville, GA-based New Tech Solutions, the American arm of French company Breuil S.A.

The suit claims that an “in ovo” (in the egg) injection device designed by New Tech to compete with Embrex’s system violates two U.S. patents. In the suit, Embrex seeks injunctive relief and monetary damages for the alleged infringements and is demanding a jury trial.

The first patent relates to the company’s proprietary method for distinguishing live eggs from infertile or “dead” eggs using an infrared light source and a light detector. This is done by passing an egg between a rapidly pulsing light source and light detector.

Embrex’s second patent relates to the method and apparatus for selective injection of poultry eggs. It covers both the method of injecting specific eggs identified as suitable for inoculation as well as the apparatus performing this function.

“Innovation that results in patentable technology is a critical element in Embrex’s business success,” said Embrex President and CEO Randall Marcuson. “At Embrex, building, maintaining and defending our intellectual property portfolio is a key part of our business strategy. We have and will continue to aggressively guard it against any infringement so that we may protect our investment in the development of new products that provide value to our customers and shareholders.”

Embrex: www.embrex.com