Basel, 6 November 2007 – On October 30, 2007 the United States District Court for the District of Delaware held that Martek's U.S. Patent No 6,451,567 covering omega-3 fatty acids [“DHA”] is invalid for lack of enablement, overturning a prior jury verdict in Martek's favor.
The Court sustained two other patents, directed to a specific manufacturing process and to food products that include DHA. The ruling clears the way for Lonza DHA made by other processes for non-food uses. Lonza is considering an appeal of the other patents.
“The judge’s decision is a positive development in Lonza’s long term plan of bringing our microbial oil based DHA to the US market,” said Roman Quinter, Head of the Nutrition department at Lonza. “The ‘567 patent was the broadest patent asserted by Martek, and we are glad that the District Court Judge realized that Martek obtained patent claims beyond that permitted by law. In the meantime, while we consider appeal, we have alternative processes options, which are covered by our own pending patents, for the manufacturing patent that was upheld by the Delaware court.”