Navigation Links
Federal Circuit Rules in Martek's Favor in Appeal of Patent Infringement Case
Date:9/8/2009

COLUMBIA, Md., Sept. 8 /PRNewswire-FirstCall/ -- Martek Biosciences Corporation (Nasdaq: MATK) announced today that a panel of judges on the United States Court of Appeals for the Federal Circuit has ruled in Martek's favor in appeal proceedings related to a patent infringement lawsuit between Martek and Lonza, Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH (collectively "Lonza"). The appeals involve Lonza's U.S. sale and use of DHA in functional foods and dietary supplements and do not involve Martek's core infant formula patents. Lonza has the right to request a re-hearing.

These rulings represent an across-the-board victory for Martek as the Federal Circuit ruled in Martek's favor on all four of the patents in question. While two of the patents at issue have now expired, two others have expiration dates in August 2011 and December 2014, respectively. More specifically, the Federal Circuit 1) upheld a Martek patent directed to certain fermentation methods used to produce fatty acids such as DHA and 2) reversed the trial court's interpretation of certain claim language directed to methods of increasing the concentration of microbial omega-3 fatty acids such as DHA in an animal. While the lower court construed the term 'animal' to exclude humans, the Federal Circuit concluded that the term 'animal' does include humans and remanded the patent to the trial court for further proceedings consistent with this interpretation. This Federal Circuit decision is further evidence of the strength of the Martek patents at issue, which include claims covering food and dietary supplement applications for human consumption. Martek is the only manufacturer and supplier of algal DHA to the U.S. food and dietary supplements industry and is a leading worldwide supplier with its flagship brand, life'sDHA(TM).

"Martek's policy is to vigorously defend its patent portfolio and these rulings demonstrate the value of this approach," said Steve Dubin, CEO of Martek Biosciences. "Martek's strategy continues to be to develop multiple layers of patent protection. Today our patent portfolio protecting our products and ideas includes more than 700 granted patents and pending applications worldwide."

Martek Biosciences Corporation (Nasdaq: MATK) is a leader in the innovation and development of omega-3 DHA products that promote health and wellness through every stage of life. The Company produces life'sDHA(TM), a vegetarian source of the omega-3 fatty acid DHA (docosahexaenoic acid), for use in foods, infant formula and supplements, and life'sARA(TM) (arachidonic acid), an omega-6 fatty acid, for use in infant formula. For more information on Martek Biosciences, visit www.martek.com.

Sections of this release contain forward-looking statements. These statements are based upon numerous assumptions which Martek cannot control and involve risks and uncertainties that could cause actual results to differ. These statements should be understood in light of the risk factors set forth in the company's filings with the Securities and Exchange Commission, including, but not limited to, the company's Form 10-K for the fiscal year ended October 31, 2008 and other filed reports on Form 10-K, Form 10-K/A, Form 10-Q and Form 8-K.

    Contact:
    Cassie France-Kelly
    Public Relations, Martek
    (443) 542-2116
    media@martek.com

    Kyle Stults
    Investor Relations, Martek
    (410) 740-0081
    investors@martek.com


'/>"/>
SOURCE Martek Biosciences Corporation
Copyright©2009 PR Newswire.
All rights reserved

Related biology technology :

1. Forest Laboratories Announces Federal Appeals Court Upholds Lexapro(R) Patent Decision
2. Federal Trade Commission Clears Kyphons Acquisition of Non-Vertebroplasty Spine-Related Assets of Disc-O-Tech
3. NIH Announces Advanced Cell Technologys Single Cell Embryo Biopsy Technique as a Means to Derive Embryonic Stem Cells to be Considered for Federal Funding
4. Zimmer Announces Settlement of Federal Investigation
5. DelSite Nasal Powder Technology Could Reduce Recently Reported Waste in Federal Vaccine Program
6. Federally-Funded Study Shows More Women Can Avoid Hysterectomy for Common Problem
7. Cephalon Statement on Federal Trade Commission Action Regarding PROVIGIL Patent Settlements
8. Federal nanotech risk research plan still comes up short
9. Hepatitis B Foundation Testifies Before Congressional Appropriation Committee and Urges More Federal Funding for Hepatitis B
10. Slow federal action to oversee nanotechnology leaves room at the bottom
11. Limited transparency in federal nanotech research may hamper development
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:5/26/2016)... READING, England , May 26, 2016 ... a leading global provider of clinical, commercial and ... organisations and TranScrip ( http://www.transcrip-partners.com ), a renowned ... product lifecycle, today announced the extension of their ...      (Logo: http://photos.prnewswire.com/prnh/20141208/720248 ) , ...
(Date:5/26/2016)... ... May 26, 2016 , ... After several promising treatments in ... the City of Knowledge in Panama, a 6 year-old Duchenne’s muscular dystrophy patient ... this year following FDA approval of a second application for a single patient, ...
(Date:5/25/2016)... ... May 25, 2016 , ... Lajollacooks4u has become a ... consistently been rated one of its top attractions. Fortune 500 companies, such as ... in a unique and intimate team-building experience. , Each event kicks off with an ...
(Date:5/25/2016)... ... 25, 2016 , ... Founder of the Fitzmaurice Hand Institute ... surgery of the hand by the National Board of Physicians and Surgeons, as ... beyond in his pursuit of providing the most comprehensive, effective treatment for his ...
Breaking Biology Technology:
(Date:5/12/2016)... , May 12, 2016 WearablesResearch.com , ... published the overview results from the Q1 wave of ... recent wave was consumers, receptivity to a program where ... with a health insurance company. "We were ... share," says Michael LaColla , CEO of Troubadour ...
(Date:4/28/2016)... BANGALORE, India , April 28, 2016 ... subsidiary of Infosys (NYSE: INFY ), and Samsung ... global partnership that will provide end customers with a ... and payment services.      (Logo: http://photos.prnewswire.com/prnh/20130122/589162 ... for financial services, but it also plays a fundamental part ...
(Date:4/26/2016)... -- Research and Markets has announced the ...  report to their offering.  , ,     (Logo: ... forecast the global multimodal biometrics market to grow ... 2016-2020.  Multimodal biometrics is being implemented ... healthcare, BFSI, transportation, automotive, and government for controlling ...
Breaking Biology News(10 mins):