Enzymotec Strengthen Its Global Position in the Omega 3 Market

24 Mar 2015 --- Enzymotec, a developer, manufacturer and marketer of innovative bio-active lipid ingredients, has announced that it has been granted patents by the US Patent and Trademark Office and by IP Australia.

The newly granted patents cover certain phospholipid compositions which include long chain poly-unsaturated fatty acids and are relevant for several of Enzymotec's products such as Krill oil and other omega 3 products.

Enzymotec's patents are like master patents in that they cover wide variety of phospholipid based compositions that include long chain poly-unsaturated fatty acids, and are pertinent to a number of Enzymotec's products, such as the K•REAL krill oil products and additional advanced phospholipid products. 

These additions to Enzymotec's broad patent portfolio are the result of the company’s efforts to continually maintain and reinforce the protection of its products. 

A spokesperson for Enzymotec told FoodIngredientsFirst: "The patents mean that our clients will now be able to label their products as patent-protected."

Dr. Ariel Katz, President and Chief Executive Officer of Enzymotec, commented, “As experts in specialty phospholipid-based products, we are excited by the further strengthening of our portfolio of intellectual property with these important patents. Our products are strong leaders in the market, driven by our specialized technologies and supported with an enforceable patent portfolio. These new patents are demonstrative of our commitment to innovation and provide our customers with exceptional ingredients of the highest quality." 

In related news, Neptune Technologies & Bioressources, a supplier of krill oil to Enzymotec, has received confirmation on the validity of certain claims on its ‘351 Patent. 

The positive decision by the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO) triggers the payment of ongoing royalties to Neptune by Norwegian supplier Aker Biomarine and Enzymotec. 

As part of settlement and license agreements established in December, 2013 and April, 2014 with Aker and Enzymotec respectively, royalty levels in the US depended on the outcome of the USPTO’s reexamination of certain claims in Neptune’s ‘351 patent. 

“This is yet another example of the strength of Neptune’s patent estate. In light of the PTAB’s decision, Aker and Enzymotec will be obligated to make royalty payments to Neptune based on their sales of licensed krill oil products in the US,” said Jim Hamilton, President and CEO of Neptune. 

“The decision clearly supports the validity and enforceability of our ‘351 composition of matter patent. Now that the positive decision has been rendered, we can collectively turn our attention to building the industry and growing the krill oil market.” 

Hamilton added that “Neptune remains resolute in building and defending its intellectual property (IP). We pioneered the omega-3 phospholipid krill oil market and we continue to receive patents worldwide, with an emphasis on North & South America, Asia and Australia and we remain committed to protecting this valuable asset.” 

Neptune holds a number of patents, including those relating to the extraction process, method of use and composition of matter. This includes, US Patent 8,383,675 which focuses specifically on the composition of Antarctic krill oil. 

“Our patents provide strong IP protection for both our nutraceutical and pharmaceutical businesses and they can and will continue to be used to prevent others from importing into and selling infringing products wherever we have valid patents,” highlighted Benoit Huart, Director of Legal Affairs at Neptune.

Enzymotec's spokesperson concluded: "Our new granted patents and the USPTO decision with respect to Neptune's patent are not necessarily related, however we believe that our patents together with our license to Neptune's patents has strengthened our portfolio of intellectual property and will limit other players from entering into the competitive krill oil market. Our products are strong leaders in the market, driven by our specialized technologies, our innovation and commitment for providing our customers with exceptional ingredients of the highest quality in the market."

By Kelly Worgan