A retired maternal-fetal medicine specialist has filed a lawsuit against GE Healthcare, alleging infringement of his U.S. patent for a technique that uses 3D/4D ultrasound to guide in vitro fertilization (IVF) procedures.
Awarded in January 2008, U.S. Patent No. 7,322,931 covers Dr. Robert Gergely's method in which 3D/4D ultrasound is used to locate "what is known as the maximum implantation potential (MIP) point and to guide an embryo directly to the MIP point for implantation," according to the complaint, which was filed on January 6 in the U.S. District Court for the Central District of California.
Prior to his retirement, Gergely had more than 20 years of experience specializing in maternal-fetal medicine, and he spent approximately 10 years as the medical director of the 3D Sonography Center of Beverly Hills, according to the complaint.
Among other alleged infringements, the complaint states that GE infringed the patent by using the method to demonstrate ultrasound machines, including its Voluson line of scanners, "to customers and potential customers, including at least IVF clinics and doctors and sonographers specializing in IVF procedures."
In addition, Gergely alleges that GE infringed the patent by specifically encouraging others to use the method to support and promote sales of its ultrasound scanners with 3D/4D capabilities, such as to IVF clinics and practitioners.
Gergely is asking the court for compensation for the alleged infringements. While confirming that GE had been sued by Gergely, a GE spokesperson told AuntMinnie.com that the company can't provide any further comment at this time as it is a pending litigation.
