LOS ANGELES – A Duarte corporation that specializes in human milk-based nutritional products for premature infants claims an Oregon company is infringing its patent.

Prolacta Bioscience Inc. filed a complaint on May 31 in the U.S. District Court for the Central District of California, Western Division against the Ni-Q LLC and Does 1-10 alleging patent infringement.

According to the complaint, the plaintiff alleges that it invented a method for testing the safety of milk and was assigned Patent No. 8,628,921. The plaintiff holds Ni-Q, LLC and Does 1-10 responsible because the defendants allegedly sold human-milk based products manufactured using the methods of the '921 patent currently registered to the plaintiff.

The plaintiff requests a trial by jury and seeks damages, to enjoin the defendant, order the destruction of all infringing products and materials, increase and enhance the damages by three times, interest, all legal fees and any other relief as this court deems just. It is represented by Jaye G. Heybl, Brian M. Fitzgerald and Corey A. Donaldson of Koppel Patrick Heybl & Philpott in Westlake Village.

U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-04071-FFM

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U.S. District Court for the Central District of California
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