Neptune and Enzymotec Put on Hold Litigation Over Krill Oil Patent Dispute

The companies jointly filed a stipulation to stay the case until the U.S. Patent Office issues an Action Closing Prosecution in the pending inter partes reexamination of the ‘348 patent. "The parties have now reached an agreement that until the U.S. Patent Office issues an Action Closing Prosecution of the reexamination proceedings concerning the ‘348 patent, the action filed by Neptune will be stayed” says Dr. Sigalit Zchut.

March 7 2012 --- Neptune Technologies & Bioressources, Inc. and Enzymotec Ltd. have agreed to put on hold litigation related to Neptune’s Patent No. 8,030,348 (the ‘’348 Patent”).

The companies jointly filed a stipulation to stay the case until the U.S. Patent Office issues an Action Closing Prosecution in the pending inter partes reexamination of the ‘348 patent. 

The stipulation filed by the parties has been so ordered by The United States District Court for the District of Delaware. This announcement follows a similar note released by Aker BioMarine.

“On October 4, 2011, Neptune Technologies & Bioressources, Inc. filed a complaint against Enzymotec Limited, Enzymotec USA, Inc. and several of its customers for alleged infringement of its patent, number 8,030,348.

The parties have now reached an agreement that until the U.S. Patent Office issues an Action Closing Prosecution of the reexamination proceedings concerning the ‘348 patent, the action filed by Neptune will be stayed”, says Dr. Sigalit Zchut, Director of R&D for Enzymotec. “The answer and counterclaims filed by Enzymotec USA prior to the stay agreement set forth why, in our view, the ‘348 patent should be found invalid and unenforceable.  The fact that the Patent Office has granted the request to have the ‘348 patent reexamined gives us great assurance that we are on the right path.  In any case, the reexamination process should take at least 12 months” concludes Dr. Zchut.

Enzymotec is one of the world’s largest krill oil manufacturers and suppliers.  Its K-REAL brand, offers customized grades based on specific preferences by its customers.  These grades include best in class, pure and high-potency krill oil.

As a leading technological company, Enzymotec’s proprietary Multi Stage Oil-extraction (MSO) ensures an optimal preparation process of krill oil.  MSO is the only process guaranteed to preserve krill oil’s natural qualities and ensure its freshness and potency through the course of its shelf-life.
Enzymotec, a dynamic biotech company and a leading global developer, is a manufacturer and supplier of lipid-based products and solutions. Enzymotec develops, produces and markets innovative BioActive ingredients and finished products based on sophisticated proprietary technologies. Enzymotec's products support general health, from cardiovascular to cognitive functions.