Columbia, Md., Oct. 23 - Martek Biosciences Corporation today announced that a jury in the United States District Court in Wilmington, Delaware, has returned a verdict favorable to Martek in its patent infringement suit against Lonza Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH (collectively Lonza).
The jury found that Lonza infringed all the asserted claims of U.S. Patent Nos. 5,340,594, 6,410,281 and 6,451,567 and that those patents were valid. It also found that Lonza had acted willfully in its infringement of one of the patents. The verdict does not involve Martek's core infant formula patents.
Martek expects that post-trial motions will be filed by Lonza with the Court with respect to the jury's decision. In the near future, Martek intends to ask the Court for permanent injunctive relief to prohibit Lonza's continuing infringement of the patents and Martek believes that there are sound grounds for the granting of an injunction. The decision may be appealed by Lonza to the U.S. Court of Appeals for the Federal Circuit.
"We are gratified the jury found that Martek's patents pertaining to omega-3 DHA products and processes are valid and enforceable and that Lonza's actions infringe on those patents. The verdict further demonstrates both the Company's resolve to vigorously defend our intellectual property portfolio and the strength of Martek's patent portfolio in the U.S. marketplace," said Steve Dubin, CEO of Martek.