Neptune, Aker and Schiff Agree to Stay of Litigation During Patent Re-Examination Proceedings
03 2월 2012 - 2:24AM
Neptune Technologies and Bioressources Inc. (Nasdaq:NEPT) (TSX:NTB)
announces that, pursuant to an agreement by the parties in the
patent infringement litigation initiated by Neptune in the U.S.
District Court in Delaware, the court has ordered a stay of the
litigation until the U.S. Patent and Trademark Office ("USPTO")
concludes its inter partes re-examination of the Neptune patent at
issue in the case, U.S. Patent No. 8,030,348 ("'348 patent").
During a January 17, 2012 webcast, Neptune advised that the
defendants in the litigation – Aker Biomarine ASA, Aker Biomarine
Antarctic USA, Inc., and Schiff Nutrition International, Inc. –
would likely file a motion to stay the litigation in view of the
re-examination proceedings. On January 18, 2012, the
defendants did, in fact, file in the Delaware court a motion to
stay the litigation until the final conclusion of the
re-examination process, including potential appeals to the Board of
Patent Appeals and Interferences, the U.S. Court of Appeals for the
Federal Circuit, and the U.S. Supreme Court. The agreement
reached by the parties, which the Delaware court today approved,
limits the stay period to the conclusion of the re-examination
process before the USPTO.
''During the stay period and the re-examination process, the
'348 patent, which discloses and claims novel omega 3 phospholipid
compositions suitable for human consumption, remains valid and
enforceable. Neptune is confident that at the end of the
re-examination process, the validity of the claims of the '348
patent will be reconfirmed,'' said André Godin, Neptune's Chief
Financial Officer.
About Neptune Technologies & Bioressources
Inc.
Neptune is an industry-recognized leader in the innovation,
production and formulation of science-based and clinically proven
novel phospholipid products for the nutraceutical and
pharmaceutical markets. The Company focuses on growing consumer
health markets including cardiovascular, inflammatory and
neurological diseases driven by consumers taking a more proactive
approach to managing health and preventing disease. The Company
sponsors clinical trials aimed to demonstrate its product health
benefits and to obtain regulatory approval for label health claims.
Neptune is continuously expanding its intellectual property
portfolio as well as clinical studies and regulatory approvals.
Neptune's products are marketed and distributed in over 30
countries worldwide.
About Acasti Pharma Inc.
Acasti Pharma (TSX-V:APO) is developing a product portfolio of
proprietary novel long-chain omega-3 phospholipids. Phospholipids
are the major component of cell membranes and are essential for all
vital cell processes. They are one of the principal constituents of
High Density Lipoprotein (good cholesterol) and, as such, play an
important role in modulating cholesterol efflux. Acasti Pharma's
proprietary novel phospholipids carry and functionalize the
polyunsaturated omega-3 fatty acids EPA and DHA, which have been
shown to have substantial health benefits and which are stabilized
by astaxanthin, a potent antioxidant. Acasti Pharma is focusing
initially on treatments for chronic cardiovascular and
cardiometabolic conditions within the over-the-counter, medical
food and prescription drug markets.
About NeuroBioPharm Inc.
NeuroBioPharm is pursuing pharmaceutical neurological
applications, and a clinical study for a medical food product with
a multinational partner is already initiated. The development of a
prescription drug candidate is currently in progress. Advanced
clinical development and commercialization is planned to be carried
out with multinational partners.
"Neither Nasdaq nor the TSX Venture Exchange nor its Regulation
Services Provider (as that term is defined in the policies of the
TSX Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release."
Statements in this press release that are not statements of
historical or current fact constitute "forward-looking
statements" within the meaning of the U.S. Private Securities
Litigation Reform Act of 1995 and Canadian securities laws. Such
forward-looking statements involve known and unknown risks,
uncertainties, and other unknown factors that could cause the
actual results of the Company to be materially different from
historical results or from any future results expressed or implied
by such forward-looking statements. In addition to statements which
explicitly describe such risks and uncertainties, readers are
urged to consider statements labeled with the terms "believes,"
"belief," "expects," "intends," "anticipates," "will," or
"plans" to be uncertain and forward-looking. The forward-looking
statements contained herein are also subject generally to other
risks and uncertainties that are described from time to time in the
Company's reports filed with the Securities and Exchange Commission
and the Canadian securities commissions.
CONTACT: Neptune Contact:
Neptune Technologies & Bioressources Inc.
Andre Godin, CFO
+1.450.687.2262
a.godin@neptunebiotech.com
www.neptunebiotech.com
Howard Group Contact:
Dave Burwell
(888) 221-0915
dave@howardgroupinc.com
www.howardgroupinc.com
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