The companies jointly filed a stipulation to stay the case until the US Patent Office issues an Action Closing Prosecution in the pending inter partes reexamination of the ‘348 patent.
Neptune Technologies & Bioressources, and Enzymotec have agreed to put on hold litigation related to Neptune’s patent. The companies jointly filed a stipulation to stay the case until the US Patent Office issues an Action Closing Prosecution in the pending inter partes reexamination of the ‘348 patent.
The stipulation filed by the parties has been so ordered by The US District Court for the District of Delaware. This announcement follows a similar note released by Aker BioMarine.
Dr Sigalit Zchut, director of research and development for Enzymotec, said: “On 4 October, 2011, Neptune Technologies & Bioressources, filed a complaint against Enzymotec, Enzymotec USA and several of its customers for alleged infringement of its patent, number 8030348.
“The parties have now reached an agreement that until the US Patent Office issues an Action Closing Prosecution of the reexamination proceedings concerning the ‘348 patent, the action filed by Neptune will be stayed.
“The answer and counterclaims filed by Enzymotec USA prior to the stay agreement set forth why, in our view, the ‘348 patent should be found invalid and unenforceable. The fact that the Patent Office has granted the request to have the ‘348 patent reexamined gives us great assurance that we are on the right path. In any case, the reexamination process should take at least 12 months.”
Source: Enzymotec
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