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ARTICLE | Company News

Acasti, Enzymotec, Neptune Technologies nutraceuticals news

May 5, 2014 7:00 AM UTC

The companies reached a settlement agreement related to Neptune's patents for marine omega-3 phospholipids, ending an International Trade Commission (ITC) investigation and ongoing suit in U.S. court. Enzymotec received a non-exclusive, worldwide license to Neptune's U.S. Patent No. 8,030,348 and the '348 patent family in exchange for an undisclosed payment to Neptune. Neptune had filed suit in the U.S. District Court for the District of Delaware alleging Enzymotec's krill oil products infringed the '348 patent, along with Neptune's U.S. Patent Nos. 8,278,351 and 8,383,675. The ITC also began an investigation in April 2013 after Neptune and its subsidiary Acasti filed a complaint alleging infringement of the '351 and '675 patents.

Enzymotec will not owe Neptune U.S. royalties unless the U.S. Patent and Trademark Office's inter partes review of the '351 patent is unfavorable to Enzymotec. The PTO issued a non-final rejection of the '351 patent in an ex parte reexamination in January and instituted the inter partes review in March. In April, the PTO issued a final decision rejecting all claims of the '348 patent. ...