DHA omega-3 innovator Martek Biosciences Corporation (Nasdaq: MATK) has elected to withdraw its appeal at the European Patent Office associated with its European DHA/ARA Oil Blends Patent. As a result, a November 2004 decision of the Opposition Division of the EPO stands and the patent is considered to be revoked. The patent was challenged by two competitors of the Company.
The Company’s patent strategy has been to seek to protect its technologies with multiple layers of patents. The European DHA/ARA Oil Blends Patent was one of three patents covering Martek’s technologies used in infant formula in European markets. Management believes that this action will not have a material impact on the Company’s sales into the infant formula industry due to its other issued European patents that protect its individual DHA and ARA technologies and the terms of certain contracts the Company maintains with its infant formula customers.
As part of the Company’s patent strategy, divisional applications for DHA/ARA Oil Blends patents have been filed and are pending at the EPO to seek additional protection for Martek’s blended oil technology. The divisional application process allows greater flexibility in addressing issues such as claim amendments than is available during an appeal.
Martek maintains an extensive and expanding patent portfolio of more than 600 granted patents and pending applications worldwide. The Company maintains intellectual property protected by patents in the United States, Europe and certain other areas of the world, including patents covering its individual DHA and ARA technologies. It has also been granted and maintains a patent in the United States and certain other countries on certain mixtures of DHA and ARA when used in infant formula and certain other uses.
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