Case: Patents/Prior Use (D. Or.)

Ni-Q LLC’s motion for summary judgment in this action against Prolacta Bioscience Inc. for a declaratory judgment of noninfringement and invalidity of Prolacta’s patent directed to methods for testing milk is granted in part. Although Ni-Q failed to meet its burden of showing that Prolacta made an offer to sell during the relevant time period. Ni-Q has shown that Prolacta publicly used NEO20™ — a product produced using the claimed method — more than one year before the relevant application date. Claims 1, 2, 4, and 8 of the patent-in-suit are therefore invalid under the on-sale bar to patenting. The ...