Aker BioMarine files for Patent Re-examination in the U.S. against Neptune Continuation Patent (02.10.12)

Aker BioMarine has today filed with the United States Patent and Trademark Office (“USPTO”) a request for re-examination of all claims in Neptune‘s recently-issued U.S. Patent Number 8,278,351 (the ‘351 patent). Neptune’s patent is a continuation of their U.S. Patent Number 8,030,348 (the ‘348 patent), which was granted on Oct. 4th, 2011 and which is currently under re-examination at the USPTO.
While the continuation ‘351 patent contains some additional claims to the parent ‘348 patent, the question of the lack of patentability of the claims is unchanged. In addition to the experimental evidence and prior art that Aker BioMarine cited during the re-examination of the ‘348 patent, this re-examination request is backed by prior art that has not been previously provided to the USPTO which establishes that the claimed krill oil extracts and compositions were known well before the filing date of the patent.

“In practical matters this is the same story as with the parent ‘348 patent, and we expect the USPTO’s highly professional re-examination unit to not only grant our request for re-examination, but also subsequently reach the conclusion that the claims of the ‘351 patent are un-patentable”, stated Matts Johansen, COO of Aker BioMarine.

“Neptune has incorrectly indicated that all evidence submitted in the re-examination of the ‘348 patent has been provided to the examiner of the ‘351 patent. In particular, Neptune failed to provide the examiner of the ‘351 patent with key experimental evidence submitted in the re-examination on April 18, 2012. This evidence confirms the claimed phospholipids were present in the prior art krill oil,” States Attorney-at-Law Mitch Jones of Casimir Jones.

For further information, please contact
Matts Johansen, COO, Aker BioMarine, +47 916 30 120
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