Martek uphold patent for DHA

05/08/05 Martek Biosciences Corporation has announced today that the Company's patent on DHA (docosahexaenoic acid) oil has been upheld by the Opposition Division of the European Patent Office. This patent covers DHA-rich microbial oils and methods for producing DHA-rich microbial oils. Today's ruling resulted from a challenge to Martek's patent by Aventis S.A. and Nagase & Co. Ltd which has been the subject of prior proceedings before the EPO. Martek has sued Nutrinova and Celanese in Germany for infringement of this patent, and the Opposition Division's favorable decision upholding this patent is an important advance in this case. Martek has also brought an action against Nutrinova in the U.S. for infringement of several Martek DHA oil U.S. patents.

Opposing parties have an opportunity to appeal the decision within two months after the issuance of a written opinion. If appealed, the appeal process is expected to take up to two years.

Martek's DHA oil, branded Martek DHA(TM), is used in infant formulas, as well as functional foods and dietary supplements. In addition to its European patents, Martek holds patents on its infant formula DHA oil, food DHA oil, ARA (arachidonic acid) oil, and ARA/DHA oil blend in the United States and various countries thought the world.

www.martekbio.com