Krill Companies Agree to Cease-Fire During Patent Re-Examination

LAVAL, QuebecNeptune, Aker Biomarine and Schiff Nutrition have agreed to a stay of litigation in their patent infringement case until the U.S. Patent and Trademark Office (USPTO) completes its re-examination of the original Neptune-held patent in question (U.S. Patent No. 8,030,348). The cease-fire follows an expected filing by Aker and Schiff in U.S. District Court, Delaware, for a stay of litigation until the final conclusion of the re-examination process, including potential appeals to the Board of Patent Appeals and Interferences, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. 

''During the stay period and the re-examination process, the '348 patent, which discloses and claims novel omega 3 phospholipid compositions suitable for human consumption, remains valid and enforceable," said André Godin, CFO of Neptune. "Neptune is confident that at the end of the re-examination process, the validity of the claims of the '348 patent will be reconfirmed."