Aker BioMarine filed a petition at the United States Patent & Trademark Office (USPTO) for Inter Partes Review of U.S. Patent No. 8,383,675 assigned to Neptune Technologies & Bioressources .
The '675 patent contains a single claim to a capsule containing a krill extract with allegedly "novel phospholipids" and is one of two patents-in-suit in an ongoing ITC investigation brought by Neptune against Aker BioMarine AS and others. The Inter Partes Review petition presents experimental and expert evidence demonstrating that multiple examples of prior art krill oil necessarily contained the "novel phospholipids" claimed by Neptune, and that the krill oil could be encapsulated.
Aker BioMarine filed a similar petition for Inter Partes Review of the other patent-in-suit in the ITC investigation one month ago.
Expert discovery is now finished in the above-mentioned ITC investigation. The expert evidence has reinforced Aker BioMarine's belief that Neptune's patents-in-suit are invalid on several grounds. The experts have confirmed that what the Neptune patents refer to as "novel phospholipids" are found naturally in krill, which is also what the USPTO concluded in the re-examination of Neptune's related U.S. Patent No. 8,030,348.