Aker BioMarine has filed with the United States Patent and Trademark Office a request for reexamination of all claims in Neptune's recently-issued U.S. Patent Number 8,278,351 (the '351 patent). Neptune's patent is a continuation of their U.S. Patent Number 8,030,348 (the '348 patent), which was granted on Oct. 4, 2011, and which is currently under reexamination at the USPTO.
While the continuation '351 patent contains some additional claims to the parent '348 patent, the question of the lack of patentability of the claims is unchanged. In addition to the experimental evidence and prior art that Aker BioMarine cited during the reexamination of the '348 patent, this reexamination request is backed by prior art that has not been previously provided to the USPTO which establishes that the claimed krill oil extracts and compositions were known well before the filing date of the patent.
"In practical matters this is the same story as with the parent '348 patent, and we expect the USPTO's highly professional reexamination unit to not only grant our request for reexamination, but also subsequently reach the conclusion that the claims of the '351 patent are unpatentable", stated Matts Johansen, COO of Aker BioMarine.
"Neptune has incorrectly indicated that all evidence submitted in the reexamination of the '348 patent has been provided to the examiner of the '351 patent. In particular, Neptune failed to provide the examiner of the '351 patent with key experimental evidence submitted in the reexamination on April 18, 2012. This evidence confirms the claimed phospholipids were present in the prior art krill oil,"States Attorney-at-Law Mitch Jones of Casimir Jones.