In this case, the ESR and NicheVision motion to dismiss was granted by the United States District Court for the Northern District of Ohio on 29 September 2020.  Cybergenetics Corp. appealed to the United States Court of Appeals for the Federal Circuit, who on 16 August 2021 affirmed the lower court’s decision.  Cybergenetics Corp. has subsequently agreed not to pursue the matter any further meaning that ESR and NicheVision prevailed.  ESR is pleased with this validation of the integrity of the research and development embodied in its world-class STRmix™ technology, and will respond vigorously to any such future complaints.

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