Martek wins patent infringement suit

Executive Summary

A court in Dusseldorf, Germany, has made a verbal order in favor of DHA marketer Martek Biosciences in its European patent infringement lawsuit against Lonza, Celanese Ventures and Nutrinova Nutrition Specialties & Food Ingredients, Martek says Oct. 23. A three-judge panel ruled the defendants violated Martek's European DHA patent relating to microbial oils containing at least 35% DHA in functional foods and dietary supplements. A written order is expected within 30 days. The patent has been the subject of opposition proceedings in the EU since 1999, though a final resolution is expected in the second half of 2008. A U.S. federal district court in 2006 ruled Lonza's DHA activities infringed three U.S. Martek patents (1"The Tan Sheet" Oct. 30, 2006, p. 13)...