LAVAL, Quebec, May 8, 2012 (GLOBE NEWSWIRE) -- Neptune Technologies & Bioressources Inc. ("Neptune") (Nasdaq:NEPT) (TSX:NTB) announces that Aker Biomarine's newly granted Australian patent (AU2008231570) has no impact on Neptune's position as the leading krill oil provider to the Australian market.
As Neptune was exploiting or had taken definite steps to exploit its krill oil prior to the earliest claimed priority date of Aker's patent application, under Australian patent law Neptune has a complete defense to infringement due to prior use. This means that Aker's patent is unenforceable in relation to Neptune Krill Oil. In fact, Neptune believes that Aker's patent is most likely invalid, including in view of publications by Neptune and others which predate Aker's patent.
Contrary to Aker's statement that it has obtained the first granted and enforceable krill oil patent in Australia, Neptune notes that it is the exclusive licensee of a foundational patent for krill oil extraction (AU1999064552) that was granted in January 2004 well before Aker filed for Australian patent protection in March 2008.
Furthermore, Neptune's own patent application in Australia (AU2002322233), filed in July 2002 (over five years before Aker's patent application), which claims krill oil with the key compositional features of Neptune Krill Oil, creates a considerable commercial impediment to the sale of Aker's krill oil products in Australia. This patent application rightfully reflects Neptune's role as the pioneer in the krill oil space, and Aker has opposed it. Neptune is aggressively defending its position that the Australian Patent Office was correct in accepting this patent application and fully expects that Aker's opposition will be dismissed and the patent will be granted in due course.
As stated by Henri Harland, President and CEO of Neptune, "Aker's new patent has no bearing on our business. We are confident that our own existing and soon to be issued patents ensure that Neptune's leading role in the Australian market will remain for many years."
About Neptune Technologies & Bioressources Inc.
Neptune is an industry-recognized leader in the innovation, production and formulation of science-based and clinically proven novel phospholipid products for the nutraceutical and pharmaceutical markets. The Company focuses on growing consumer health markets including cardiovascular, inflammatory and neurological diseases driven by consumers taking a more proactive approach to managing health and preventing disease. The Company sponsors clinical trials aimed to demonstrate its product health benefits and to obtain regulatory approval for label health claims. Neptune is continuously expanding its intellectual property portfolio as well as clinical studies and regulatory approvals. Neptune's products are marketed and distributed in over 30 countries worldwide.
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