LAVAL, Quebec, Oct. 2, 2012 (GLOBE NEWSWIRE) -- Neptune Technologies & Bioressources Inc. (" Neptune") (Nasdaq:NEPT) (TSX:NTB), a pioneer in the krill oil industry and the only company to have a patented krill oil composition in the United States, announced that it has filed a second patent infringement lawsuit in the United States 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 Limited., Enzymotec USA, Inc., and Mercola.com Health Resources, LLC.
Neptune's continuation patent, US 8,278,351 ("the '351 Patent"), 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."Neptune's patents are one of the company's most valuable assets. They provide Neptune and its licensees with substantial market and competitive advantages," said Henri Harland, Chief Executive Officer of Neptune. "Neptune must vigorously protect its pre-eminence in the krill oil market. The filing of these lawsuits is consistent with our position that infringing competitors must be held accountable." 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 United States infringing krill oils.
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