Neptune Must Again Rectify Competitor's Misleading Statement
March 01 2012 - 8:00AM
Neptune Technologies and Bioressources Inc. (Nasdaq:NEPT)
(TSX-V:NTB) announces that on February 17, 2012, the United States
Patent and Trademark Office ("USPTO") granted a request by Aker
BioMarine ("Aker") for reexamination of Neptune's U.S. Patent No.
8,057,825 ("825 patent"). In a statement regarding this grant
of reexamination, Aker has again attempted to mislead consumers and
distributors about Neptune's patent rights and the re-examination
process.
Specifically, contrary to Aker's press statements, the mere
grant of the request to reexamine Neptune's '825 patent does not
mean that the USPTO has confirmed that the patent should not have
been granted. The USPTO grants approximately 95% of all requests
for reexamination and, in a majority of cases, either confirms the
validity of the claims in the patent or grants amended claims. Aker
also mischaracterizes a quotation by the USPTO that this grant
"establishes a reasonable likelihood that [Aker] will
prevail." This statement by the USPTO is simply a restatement
of the legal standard involved in granting a reexamination, not an
individualized and specific assessment of the strengths or
weaknesses of Aker's arguments. In addition, Aker again
repeats its groundless allegation that Neptune failed to disclose
relevant prior art. As before, this statement is
false.
Benoit Huart, General Counsel of Neptune, stated: "Aker's
statements represent yet another deliberate attempt to harm
Neptune's business by misleading our distributors and customers
with spurious statements about the patent reexamination
process. We welcome this opportunity to again have the USPTO
confirm that Neptune's '825 patent is valid."
"For now more than 15 years, Neptune's intellectual property
portfolio has grown to more than 70 patents issued worldwide, in
addition to pending, divisional and continuation patent
applications filed in many jurisdictions, as well as numerous
registered trademarks and governmental regulatory approvals. We
have no intention of letting anyone infringe our intellectual
property. It is Neptune's commitment to ensure that our
distributors' business and our shareholders' assets are
safeguarded" he added.
About Neptune Technologies & Bioressources
Inc.
Neptune is an industry-recognized leader in the innovation,
production and formulation of science-based and clinically proven
novel phospholipid products for the nutraceutical and
pharmaceutical markets. The Company focuses on growing consumer
health markets including cardiovascular, inflammatory and
neurological diseases driven by consumers taking a more proactive
approach to managing health and preventing disease. The Company
sponsors clinical trials aimed to demonstrate its product health
benefits and to obtain regulatory approval for label health claims.
Neptune is continuously expanding its intellectual property
portfolio as well as clinical studies and regulatory approvals.
Neptune's products are marketed and distributed in over 30
countries worldwide.
About Acasti Pharma Inc.
Acasti Pharma (TSX-V:APO) is developing a product portfolio of
proprietary novel long-chain omega-3 phospholipids. Phospholipids
are the major component of cell membranes and are essential for all
vital cell processes. They are one of the principal constituents of
High Density Lipoprotein (good cholesterol) and, as such, play an
important role in modulating cholesterol efflux. Acasti Pharma's
proprietary novel phospholipids carry and functionalize the
polyunsaturated omega-3 fatty acids EPA and DHA, which have been
shown to have substantial health benefits and which are stabilized
by astaxanthin, a potent antioxidant. Acasti Pharma is focusing
initially on treatments for chronic cardiovascular and
cardiometabolic conditions within the over-the-counter, medical
food and prescription drug markets.
About NeuroBioPharm Inc.
NeuroBioPharm is pursuing pharmaceutical neurological
applications, and a clinical study for a medical food product with
a multinational partner is already initiated. The development of a
prescription drug candidate is currently in progress. Advanced
clinical development and commercialization is planned to be carried
out with multinational partners.
"Neither Nasdaq nor the TSX nor its Regulation Services Provider
(as that term is defined in the policies of the TSX) accepts
responsibility for the adequacy or accuracy of this release."
Statements in this press release that are not statements of
historical or current fact constitute "forward-looking
statements" within the meaning of the U.S. Private Securities
Litigation Reform Act of 1995 and Canadian securities laws. Such
forward-looking statements involve known and unknown risks,
uncertainties, and other unknown factors that could cause the
actual results of the Company to be materially different from
historical results or from any future results expressed or implied
by such forward-looking statements. In addition to statements which
explicitly describe such risks and uncertainties, readers are
urged to consider statements labeled with the terms "believes,"
"belief," "expects," "intends," "anticipates," "will," or
"plans" to be uncertain and forward-looking. The forward-looking
statements contained herein are also subject generally to other
risks and uncertainties that are described from time to time in the
Company's reports filed with the Securities and Exchange Commission
and the Canadian securities commissions.
CONTACT: Neptune Contact:
Neptune Technologies & Bioressources Inc.
Andre Godin, CFO
+1.450.687.2262
a.godin@neptunebiotech.com
www.neptunebiotech.com
Howard Group Contact:
Dave Burwell
(888) 221-0915
dave@howardgroupinc.com
www.howardgroupinc.com
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