Neptune Welcomes the Opportunity to Reconfirm the Validity of Its '348 Patent
Neptune Technologies & Bioressources Inc.
22.12.2011 20:11
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LAVAL, Quebec, 2011-12-22 20:11 CET (GLOBE NEWSWIRE) --
Neptune Technologies and Bioressources Inc. (Nasdaq:NEPT) (TSX-V:NTB) announces
that on December 19, 2011, the United States Patent and Trademark Office
('USPTO') granted a request by Aker BioMarine ('Aker') for reexamination of
Neptune's U.S. Patent No. 8,030,348 (''348 patent'). In a press release
regarding the grant of the reexamination, Aker has again made statements that
are designed to mislead the public about the reexamination process and about
the original patent office examination that led to the issuance of the '348
patent on October 4, 2011.
Specifically, contrary to Aker's press release, the mere grant of the request
to reexamine Neptune's '348 patent does not mean that the U.S. Patent &
Trademark Office has confirmed that the patent should not have been granted. In
fact, while the USPTO grants approximately 95% of all requests for
reexamination, in a majority of cases, the USPTO confirms the validity of the
claims in the patent or grants amended claims. In addition, Aker's assertion
that the '348 patent was 'only granted because the USPTO was not provided with
relevant prior art during its prosecution' is false.
Henri Harland, President and CEO of Neptune, stated: 'Our '348 patent went
through a rigorous examination in the USPTO, and all the relevant arguments
presented by Aker in support of its reexamination request have already been
considered by the USPTO. 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. Further, we note that in its press
releases, Aker has not denied that it infringes the '348 patent. Therefore, we
expect that at the conclusion of the litigation process, Aker, Schiff and all
the other defendants will be found to have infringed one or more valid claims
of Neptune's '348 patent, and will be permanently enjoined from making, using,
selling, and offering to sell in the United States krill oil products.'
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 20 countries
worldwide.
About Acasti Pharma Inc.
Acasti Pharma (TSXV: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.
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
News Source: NASDAQ OMX
22.12.2011 Dissemination of a Corporate News, transmitted by DGAP -
a company of EquityStory AG.
The issuer is solely responsible for the content of this announcement.
DGAP's Distribution Services include Regulatory Announcements,
Financial/Corporate News and Press Releases.
Media archive at www.dgap-medientreff.de and www.dgap.de
---------------------------------------------------------------------------
Language: English
Company: Neptune Technologies & Bioressources Inc.
Canada
Phone:
Fax:
E-mail:
Internet:
ISIN: CA64077P1080
WKN:
End of Announcement DGAP News-Service
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Neptune Technologies & Bioressources Inc.
22.12.2011 20:11
---------------------------------------------------------------------------
LAVAL, Quebec, 2011-12-22 20:11 CET (GLOBE NEWSWIRE) --
Neptune Technologies and Bioressources Inc. (Nasdaq:NEPT) (TSX-V:NTB) announces
that on December 19, 2011, the United States Patent and Trademark Office
('USPTO') granted a request by Aker BioMarine ('Aker') for reexamination of
Neptune's U.S. Patent No. 8,030,348 (''348 patent'). In a press release
regarding the grant of the reexamination, Aker has again made statements that
are designed to mislead the public about the reexamination process and about
the original patent office examination that led to the issuance of the '348
patent on October 4, 2011.
Specifically, contrary to Aker's press release, the mere grant of the request
to reexamine Neptune's '348 patent does not mean that the U.S. Patent &
Trademark Office has confirmed that the patent should not have been granted. In
fact, while the USPTO grants approximately 95% of all requests for
reexamination, in a majority of cases, the USPTO confirms the validity of the
claims in the patent or grants amended claims. In addition, Aker's assertion
that the '348 patent was 'only granted because the USPTO was not provided with
relevant prior art during its prosecution' is false.
Henri Harland, President and CEO of Neptune, stated: 'Our '348 patent went
through a rigorous examination in the USPTO, and all the relevant arguments
presented by Aker in support of its reexamination request have already been
considered by the USPTO. 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. Further, we note that in its press
releases, Aker has not denied that it infringes the '348 patent. Therefore, we
expect that at the conclusion of the litigation process, Aker, Schiff and all
the other defendants will be found to have infringed one or more valid claims
of Neptune's '348 patent, and will be permanently enjoined from making, using,
selling, and offering to sell in the United States krill oil products.'
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 20 countries
worldwide.
About Acasti Pharma Inc.
Acasti Pharma (TSXV: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.
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
News Source: NASDAQ OMX
22.12.2011 Dissemination of a Corporate News, transmitted by DGAP -
a company of EquityStory AG.
The issuer is solely responsible for the content of this announcement.
DGAP's Distribution Services include Regulatory Announcements,
Financial/Corporate News and Press Releases.
Media archive at www.dgap-medientreff.de and www.dgap.de
---------------------------------------------------------------------------
Language: English
Company: Neptune Technologies & Bioressources Inc.
Canada
Phone:
Fax:
E-mail:
Internet:
ISIN: CA64077P1080
WKN:
End of Announcement DGAP News-Service
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