Aker BioMarine yesterday filed with the United States Patent and Trademark Office ("USPTO") a request for reexamination of all claims in Neptune Technologies and Bioressources Inc.'s recently-issued U.S. Patent Number 8,057,825. This is the second Neptune patent that Aker BioMarine has asked the USPTO to reexamine.
Neptune obtained the '825 patent by representing, contrary to the facts, that it was the first to discover the ability of krill oil to lower cholesterol and reduce platelet adhesion and plaque formation. Aker BioMarine shows in its request for reexamination that numerous prior publications described these same uses and benefits of krill oil. The USPTO was not previously provided with copies of these publications nor informed of these facts, all of which are discussed in detail in the request for reexamination. Like its earlier request, Aker BioMarine's request for reexamination of the '825 patent asks the USPTO to declare Neptune's claims to be unpatentable.