ITC Begins Section 337 Patent Investigation on Omega-3 Extracts
The International Trade Commission voted April 11 to begin an investigation into whether imports of omega-3 extracts from marine or aquatic biomass are infringing patents held by Neptune Technologies and Acasti Pharma in violation of Section 337. The products at issue are extracts of omega-3 fatty acids from Antarctic krill. In its Jan. 29 complaint, subsequently amended March 21, Neptune alleged 10 companies are infringing on its patents related to the extraction and purification process of the “krill oil” (see 13013131). Neptune and Acasti are requesting limited exclusion and cease and desist orders against all respondents. The ITC said it will investigate the following companies:
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- Aker BioMarine AS of Oslo, Norway
- Aker BioMarine Antarctic USA, Inc., of Issaquah, Wash.
- Aker BioMarine Antarctic AS of Stamsund, Norway
- Enzymotec Limited of K’far Baruch, Israel
- Enzymotec USA, Inc., of Morristown, N.J.
- Olympic Seafood AS of Fosnavåg, Norway
- Olympic Biotec Ltd. of Richmond, New Zealand
- Avoca, Inc., of Merry Hill, N.C.
- Rimfrost USA, LLC, of Merry Hill, N.C.
- Bioriginal Food & Science Corp. of Saskatoon, Canada