On February 17, 2012, the United States Patent and Trademark Office (USPTO) granted Aker BioMarine's request for reexamination of US patent number 8,057,825 assigned to Neptune Technologies & Bioressources. The reexamination was granted on all 12 claims of the patent and in view of multiple references presented to the USPTO by Aker BioMarine.
This patent contains claims to methods of reducing cholesterol, platelet adhesion, and plaque formation by the administration of krill oil. In its decision the USPTO states that: "[Aker BioMarine's] request for inter partes reexamination establishes a reasonable likelihood that [Aker BioMarine] will prevail with respect to claims 1-12 of the United States Patent Number 8,057,825." In the accompanying action from the USPTO, all 12 claims are rejected both as anticipated and obvious over prior art which was not previously provided to the USPTO. The USPTO's decision can be downloaded from their home page.
Aker BioMarine's Executive Vice President for marketing and sales, Matts Johansen, adds:
"Even though the '825 patent is not linked to any lawsuit against Aker BioMarine, we nevertheless chose to ask for reexamination since the patent claims should never have been granted due to relevant prior art not disclosed to the USPTO by the patentee. The USPTO's decision shows that we were correct. At the end of the reexamination process we expect the claims to be revoked or at the very least limited so as to exclude our krill oil."