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news.Martek Biosciences said that the US District Court in Wilmington, Delaware, will enter a permanent injunction in Martek's favor against the defendants in the patent infringement suit brought by Martek against Lonza, Nutrinova and Nutrinova Nutrition Specialties & Food Ingredients.
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The suit involves Lonza’s US sale and use of a fatty acid product currently marketed under the brand name Lonza DHA for use in functional foods and dietary supplements and does not involve Martek’s core infant formula patents.
The judge upheld the October 2006 jury verdict that the defendants infringed all of the asserted claims of US patent nos. 5,340,594 and 6,410,281 (‘281 patent)and that these patents were valid. The judge indicated that he will grant a permanent injunction against Lonza with respect to those two patents.
The judge also upheld the jury verdict that Lonza had acted willfully in its infringement of the ‘281 patent. Regarding the third patent involved in the case, US patent no. 6,451,567 (‘567 patent), the judge reversed the jury verdict and found that there was insufficient evidence to show that the claims of this patent are enforceable against the defendants.
The permanent injunction will be in effect pending any appeal. Martek is considering the alternatives available to it regarding the ‘567 Patent.