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Harbor Protects Protagonist in Patent Lawsuit

February 13, 2018

A California federal judge ruled safe harbor protects Protagonist Therapeutics from being sued for patent infringement by a reference laboratory.

Medical Diagnostic Laboratories claimed Protagonist infringed on its patent for polypeptides used to treat inflammatory and autoimmune diseases. Protagonist argued the activities in question were covered by safe harbor use and the possibility of future commercialization was too remote to support the case.

In his ruling, Judge Edward Chen of the Northern District of California ruled that MDL identified no use, sale or offer to sell patented technology beyond an agreement between Janssen Laboratories and Protagonist. Chen granted Protagonist’s motion to dismiss MDL’s request for declaratory judgment.

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