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News Breaks
October 2, 2012
08:15 EDTNEPTNeptune files 2nd patent infringement suit against competitors Aker, Enzymotec
Neptune Technologies & Bioressources announced that it has filed a second patent infringement lawsuit in the U.S. District Court for the District of Delaware alleging infringement of its recently issued continuation patent against Aker Biomarine ASA, Aker Biomarine Antarctic AS, Aker Biomarine Antarctic USA, Inc., Schiff Nutritional International and Schiff Nutrition Group, Inc. Neptune has also filed a separate infringement action against Enzymotec Ltd., Enzymotec USA, and Mercola.com Health Resources. Neptune's continuation patent, US 8,278,351, contains claims to krill extracts comprising phospholipids bonded to EPA and/or DHA which are suitable for human consumption. These new claims cover all of Neptune's products, including the successful NKO brand, as well as many of the Defendants' products. This new patent, which issued today, was granted after a thorough examination by the U.S. Patent & Trademark Office, including consideration of the papers from the re-examination requests filed by Aker Biomarine ASA regarding Neptune patents related to the '351 patent. In addition to seeking monetary damages for Defendants' infringement of the '351 Patent, Neptune is also requesting injunctive relief to prevent the Defendants from continuing to infringe Neptune's patent. Should Neptune prevail in securing the requested injunctions, it would prevent the Defendants from manufacturing, using, offering for sale, selling and/or importing into the U.S. infringing krill oils.
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May 15, 2013
08:44 EDTNEPTNeptune responds to Aker's attempts to deflect attention from patent dispute
Neptune Technologies & Bioressources announces that the United States Patent and Trademark Office recently issued a NON-FINAL Action Closing Prosecution in a re-examination of Neptune's Patent No. 8,030,348. Aker BioMarine, in yet another clear attempt to shift focus from its ongoing infringement of multiple Neptune patents, issued a press release addressing the re-examination. However Aker neglected to disclose that the USPTO's decision to reject Neptune's claims regarding composition of matter was only one procedural step in the long process of re-examination. Neptune will have the opportunity to submit additional arguments stating its position before the USPTO renders a final decision.
08:20 EDTNEPTClass action against Neptune Technologies dismissed
Neptune Technologies & Bioressources announces that the previously announced class action lawsuit filed against Neptune and certain of its officers on December 19, 2012 by Robbins Geller Rudman & Dowd LLP in the United States District Court for the Southern District of New York was voluntarily dismissed by the plaintiffs, without prejudice. No payment was made by any of the defendants in connection with the dismissal.

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