Ni-Q, LLC v. Prolacta Bioscience, Inc. (D. Or. 2019)

By Donald Zuhn — Last month, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon granted a motion for summary judgment filed by Plaintiff Ni-Q, LLC that the asserted claims of U.S. Patent No. 8,628,921, which is assigned to Defendant Prolacta Bioscience, Inc. (“Prolacta”), are invalid under 35 U.S.C. § 101 for failure to claim patent-eligible subject matter. The District Court also determined on summary judgment that Ni-Q did not infringe the asserted claims of the ‘921 patent, even if those claims had been found valid. We…

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