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news.Neptune Technologies & Bioressources and Acasti Pharma, a Neptune subsidiary, have announced that a final and binding patent infringement settlement and license agreement has been signed with Enzymotec and Enzymotec USA that resolves the International Trade Commission's (ITC) investigation of infringement of Neptune's composition of matter patents, related federal court actions initiated by Neptune against Enzymotec and its distributors, and various patent review proceedings requested by Enzymotec.
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As part of the settlement, Neptune granted a world-wide, non-exclusive, royalty-bearing license to Enzymotec, allowing it to market and sell its nutraceutical products under Neptune’s ‘348 family of patents (US Patent No. 8,030,348 and all the continuations).
Under the terms of the settlement, royalty levels in the USA are dependent on the outcome of pending inter partes review proceedings before the U.S. Patent and Trademark Office (USPTO) regarding certain claims of Neptune’s ‘351 composition of matter patent (US Patent No. 8,278,351).
Furthermore, royalty levels in Australia are dependent on a potential request by Enzymotec to the Australian Patent Office for a post-grant review of certain claims of Neptune’s allowed composition of matter patent application (AU2002322233).
Enzymotec also agreed to pay Neptune a non-refundable one-time upfront settlement payment. The financial terms of the license are confidential between the parties.
Neptune legal affairs director Benoît Huart noted that this successfully brings to a conclusion all of the outstanding litigation issues before the ITC, with Neptune concluding favourable agreements with all ten respondents named in the investigation.
"Consequently, Neptune has now licensed some of its patents to all of the major players in the worldwide krill oil industry. In addition, these settlements preserve strong IP protection for both Neptune and Acasti, allowing them to defend their respective markets," Huart added.