Neptune Granted Continuation Patent

QUEBECNeptune Technologies & Bioressources received a continuation patent from the U.S. Patent & Trademark Office (USPTO) for krill oil. The new continuation patent (No. 8,383,675) covers two prior Neptune patents (Nos. 8,030,348 and 8,278,351), and contains a single claim pertaining to an Antarctic krill oil extract capsule comprising a phospholipid suitable for human consumption.

Henri Harland, president and CEO of Neptune, said this patent is not "just another patent for Neptune." Instead, he explained it is part of the company's intellectual property (IP) strategy. " Neptunes recent filing of a complaint with the United States International Trade Commission (ITC), as well as the issuance of this third composition patent in the United States, are part of Neptunes well thought and ongoing IP action plan," he said.

On Jan. 30, 2013, Neptune reported patent infringement against Aker BioMarine, Schiff, Enzymotec and Rimfrost related to Neptune's and selling krill oil and paste that infringe upon the claims of Neptune's U.S. Patent No. 8,278,351.

We are well aware that infringers will claim that the 675 patent is invalid. They may file requests for re-examination and use other administrative means available to slow down the process. But, the fact remains: our patents are valid and infringed," Harland said.

This move comes on the heels of a lengthy patent battle in the krill oil industry. Learn more about the intensifying litigation in the INSIDER article, "Krill Patent Battle Rages On."