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USPTO Sinks Second Neptune Krill Patent This Year – Rejects All 148 Claims

On May 14, 2013 the United States Patent and Trademark Office (“USPTO”) issued an Action Closing Prosecution (“ACP”) in a reexamination requested by Aker BioMarine of patent number 8,030,348 (“the ‘348 patent”) assigned to Neptune and containing claims to phospholipid extracts from krill. Aker BioMarine believed the claims should never have been granted in the first place and thus filed for reexamination.

In a press release from December 22, 2011 after the USPTO’ decision to grant Aker BioMarine’s request for re-examination of the ‘348 patent, which was the first patent to issue in Neptune’s US phospholipid patent family, Neptune’s President and CEO Henri Harland stated: “Neptune welcomes the opportunity to again vet the patentability of our claims before the USPTO as we are confident that the claims of the patent will be reconfirmed, notwithstanding Aker’s misleading characterization of the alleged prior art.” 

This action comes on the heels of a January 25, 2013 USPTO decision rejecting all 97 claims in Neptune’s ‘825 method of use patent and the April 9, 2013 final revocation of their EP1417211B1patent by the European Patent Office.

Today Matts Johansen, Aker BioMarine’s COO, stated: “As with Neptune’s method of use patent the USPTO’s reexamination unit has rejected all the claims of the ‘348 patent as unpatentable. It also sends a clear message that Neptune’s continuation patents (patent numbers 8,278,351 and 8,383,675) will not likely stand similar testing at the USPTO or at the ITC. We would urge Neptune to reconsider its current litigation strategy before all involved parties accrue substantial legal costs at no apparent benefit to Neptune”.

Aker’s proprietary Eco-HarvestingTM technology and on-board processing result in the unique composition of SuperbaTM Krill Oil and provide full traceability from sea to shelf.  Aker’s fisheries have been granted MSC certification, an exclusive distinction that no other krill fishery has earned. As part of an established commitment to substantiating krill’s health benefits, Aker continues to sponsor in vitro, in vivo and human clinical trials with phospholipid EPA & DHA from krill oil, consistently demonstrating a higher uptake of phospholipid omega-3 fatty acids, improved blood lipid profiles, and increased uptake of DHA in brain tissue compared to other omega-3 fatty acid sources.  


For further information, please contact

Matts Johansen, COO, Aker BioMarine, +47 916 30 120