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Martek Announces Fourth Quarter and FY 2007 Financial Results
Date:12/12/2007

r to the higher regional court

in Dusseldorf.

-- Martek Obtains Permanent Injunction Against Lonza in U.S. Patent

Infringement Suit -- In November 2007, a judge in the United States

District Court in Delaware ruled on various post-trial motions and

entered a permanent injunction in Martek's favor against the

defendants in Martek's patent infringement suit against Lonza Ltd.,

Nutrinova Inc. and Nutrinova Nutrition Specialties & Food

Ingredients GmbH. The judge upheld the October 2006 jury verdict

that the defendants infringed all of the asserted claims of two of

Martek's patents and that these patents were valid, and the judge

granted a permanent injunction with respect to these two patents.

Martek expects the defendant will appeal this decision, and the

permanent injunction will be in effect pending any appeal. With

respect to a third patent, the judge reversed the jury verdict;

however, Martek does not believe this will have an adverse effect on

the strength of the permanent injunction and is considering

alternatives regarding this patent. Martek plans to appeal the

judge's ruling on the third patent.

-- European Patent Office Upholds DHA Food Patent -- In November 2007,

the Opposition Division of the European Patent Office (EPO) upheld

one of the Company's European DHA patents. The modified claims of

the patent are narrower than the claims originally granted but

broader than the claims that were previously upheld in a December

2000 Opposition Division hearing. The patent, which expires in

November 2010, relates to fermentation processes, human and animal

food products, pharmaceutical uses of certain claimed microorganisms

and Martek's food DHA pro
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SOURCE Martek Biosciences Corporation
Copyright©2007 PR Newswire.
All rights reserved

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5. Martek to Obtain Permanent Injunction Against Lonza in U.S. Patent Infringement Suit; Jury Verdict on Infringement of Two of Three Patents Upheld by Judge
6. European Patent Office Upholds Martek European DHA Food Patent; Scope of Original Claims Narrowed
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