COLUMBIA, Md., Nov 01, 2007 /PRNewswire-FirstCall via COMTEX/ -- Martek Biosciences Corporation (MATK) today announced that a judge in the United States District Court in Wilmington, Delaware, has ruled on various post-trial motions and will enter a permanent injunction in Martek's favor against the defendants in the patent infringement suit brought by Martek against Lonza, Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH. The suit involves Lonza's U.S. sale and use of a fatty acid product currently marketed under the brand name Lonza DHA for use in functional foods and dietary supplements and does not involve Martek's core infant formula patents.
The judge upheld the October 2006 jury verdict that the defendants infringed all of the asserted claims of U.S. Patent Nos. 5,340,594 and 6,410,281 (the "'281 Patent") and that these patents were valid. The judge indicated that he will grant a permanent injunction against Lonza with respect to those two patents. The judge also upheld the jury verdict that Lonza had acted willfully in its infringement of the '281 Patent. Regarding the third patent involved in the case, U.S. Patent No. 6,451,567 (the "'567 Patent"), the judge reversed the jury verdict and found that there was insufficient evidence to show that the claims of this patent are enforceable against the defendants. Martek does not believe that this decision will have an adverse effect on the strength of the permanent injunction to be issued by the Court.
Martek expects that Lonza will appeal the adverse decision against it to the U.S. Court of Appeals for the Federal Circuit. The permanent injunction will be in effect pending any appeal. Martek is considering the alternatives available to it regarding the '567 Patent.
About Martek Biosciences
Martek Biosciences Corporation (MATK) is a leader in the innovation and development of DHA omega-3 products that promote health and wellness through every stage of life. The company produces life'sDHA(TM), a sustainable and vegetarian source of the omega-3 fatty acid DHA (docosahexaenoic acid), for use in foods, beverages, infant formula, and supplements. The company also produces life'sARA(TM) (arachidonic acid), an omega-6 fatty acid, from a sustainable, vegetarian source, for use in infant formula. For more information on Martek Biosciences Corporation, visit http://www.martek.com.
Sections of this release contain forward-looking statements, including, without limitation, statements concerning the course and outcome of current and future legal proceedings and the strength of the permanent injunction. These statements are based upon numerous assumptions which Martek cannot control and involve risks and uncertainties that could cause actual results to differ. For instance, Martek cannot predict with certainty any events associated with the litigation and appeal process, the future actions of Lonza, the future actions of Martek's customers or prospective customers or the competitive and financial impact of any final court decision on the value of Martek's intellectual property. 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 Forms 8-K, 10-Q and 10-K.