Neptune Reaffirms Its Confidence in Its Patent Protection and the U.S. Prosecution Process
November 17 2011 - 7:00AM
Neptune Technologies and Bioressources Inc. ("Neptune")
(Nasdaq:NEPT) (TSX-V:NTB), announces that on November 15,
2011, the U.S. Patent and Trademark Office ("USPTO") granted them
U.S. patent number 8,057,825 (the "'825 patent"), which is directed
to methods of reducing cholesterol, platelet adhesion and plaque
formation in humans through the administration of krill
extract. The same day, Aker BioMarine ("Aker"), a competitor
of Neptune, filed in the USPTO a request for re-examination of the
'825 patent. This is the second re-examination request that
Aker has filed regarding a Neptune patent in the last five
weeks. Unfortunately, Aker's press release announcing its
re-examination request, as well as other related statements made by
Aker to the press, appear designed to mislead the public about the
validity of Neptune's patent rights and the re-examination process.
"First, any suggestions by Aker that Neptune misrepresented to
the USPTO the novelty of the inventions claimed in the '825 patent
are baseless. All of Neptune's representatives who were involved in
the successful prosecution of the '825 patent complied with their
duty of candor to the USPTO and after a thorough review of
Neptune's patent application, the USPTO deemed Neptune's claims to
be novel and non-obvious, and therefore granted the '825 patent to
Neptune. We are confident that, even if Aker's request for
re-examination is granted, the validity of the '825 patent will be
confirmed", said Henri Harland President and CEO.
"Second, while the Vice President of Sales and Marketing of Aker
BioMarine Antarctic U.S. stated, «The mere fact that a
reexamination is opened is a very strong indication that the USPTO
will at least restrict the claims that were originally granted »,
in fact the USPTO has not yet decided whether to grant Aker's
request for reexamination (nor has the USPTO acted on Aker's first
reexamination request, which is directed to Neptune's U.S. Patent
No. 8,030,848). Accordingly, a reexamination of the '825
patent is not currently "opened." In addition, contrary to
Aker's assertion, the mere grant of a reexamination request
provides no indication, let alone "a very strong indication", that
the USPTO will restrict the claims of the issued patent, added
Henri Harland.
"Neptune intends to vigorously defend its intellectual property
position and prevent others from using Neptune's patented
inventions without authorization. We understand why our competitors
are concerned about Neptune's strong patent protection", concluded
the President and CEO.
About Acasti Pharma Inc.
Acasti 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'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 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 Inc. 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.
CONTACT: Neptune Contact:
Neptune Technologies & Bioressources Inc.
Andre Godin, CFO
+1.450.687.2262
a.godin@neptunebiotech.com
www.neptunebiotech.com
CEOcast Contact:
Dan Schustack
+1 212-732-4300
dschustack@ceocast.com
www.ceocast.com
Howard Group Contact:
Dave Burwell
(888) 221-0915
dabe@howardgroupinc.com
www.howardgroupinc.com
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