Martek Files Patent Infringement Suit Against Nutrinova

Martek Files Patent Infringement Suit Against Nutrinova

DUSSELDORF, GermanyMartek Biosciences Corp. filed a lawsuit inLandgericht Dusseldorf (Regional Court) on Jan. 16, alleging patent infringementby Nutrinova Nutrition Specialties & Food Ingredients GmbH and CelaneseVentures GmbH. At issue is Nutrinovas sale of its DHActive essential fattyacid product; Martek sells DHA (docosahexaenoic acid) under the name NeurominsDHA in the United States and DHA Gold in Europe.

The lawsuit claims the sale of DHActive infringes on European Patent No. EP 0515 460 B1, related to edible oil with enhanced DHA content, sourced from asingle-cell organism through hexane extraction. Martek is seeking a permanentinjunction on the sale of DHActive and award of legal fees and damages of up to$2.5 million.

Nutrinova (www.nutrinova.com) did notrespond to INSIDERs requests for comment.