Martek, Capsugel settle, strike DHA deal
This article was originally published in The Tan Sheet
After resolving a patent dispute, Capsugel agrees to purchase algae-derived DHA exclusively from Martek Biosciences. Columbia, Md.-based Martek, which filed an action for infringement against Capsugel France in November 2008, said Sept. 10 it will collaborate with the Pfizer subsidiary to add DHA to Capsugel's Licaps liquid-filled hard capsules. Martek said the patent settlement with Capsugel is not related to a separate dispute with Lonza dealing with certain patents on the life'sDHA production process (1"The Tan Sheet" Sept. 7, 2009, In Brief). After a federal appeals court ruled against Lonza in support of Martek's patents, Martek CEO Steve Dubin said Sept. 8 the firm continues to "vigorously defend its patent portfolio," which includes more than 700 granted and pending patents worldwide
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The maker of life'sDHA nutritional additive plans to overcome a drop in the U.S. birthrate by growing in global markets and conventional food applications. Martek Biosciences reported third-quarter revenues fell 12 percent to $77.8 million mainly due to inventory destocking, which the Columbia, Md., firm predicted (1"The Tan Sheet" June 8, 2009, In Brief). Martek's infant formula sales fell 15.4 percent, to $63.3 million, in the May-July period, although its pregnancy and nursing, nutritional supplements and animal feeds businesses shot up 58 percent to $7.9 million. Third-quarter net income dipped 4.3 percent to $8.9 million, Martek reported Sept. 2. ... DHA patents prevail: A ruling by the U.S. Court of Appeals for the Federal Circuit supports certain Martek patents on the process of extracting lipids from fermented microorganisms to produce DHA. Martek previously asserted that Swiss ingredients manufacturer Lonza infringed its patents, which Lonza said were invalid. In a Sept. 3 2decision, the court remands the case
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