The docosahexaenoic acid (DHA) patent was the subject of a challenge by Aventis Research Technologies and Nagase. The company believes that it is probable that at least one of the opponents of the patent will appeal the opposition division’s decision. If an appeal is made, the appeal board hearing would be anticipated to occur in about two years.
Fermentation process claims in the patent that provide commercial protection for Martek were upheld by the European Patent Office, while certain product claims were narrowed by the elimination of coverage for extracted DHA oil.
The modified claims of the patent are narrower than the claims originally granted, but broader than the claims that were previously upheld in a December 2000 opposition division hearing. The patent, which expires in November 2010, relates to fermentation processes, human and animal food products, pharmaceutical uses of certain claimed microorganisms, and Martek’s food DHA production strain.