Neptune Technologies & Bioressources Inc.
("
Neptune") (Nasdaq:NEPT ) (TSX:NTB) announces
that the U.S. Patent & Trademark Office (the
"
USPTO") has allowed a second continuation patent
application, application number 13/545,830, which claims the
benefit of prior Neptune U.S. Patents No. 8,030,348 ("the
'
348 Patent") and 8,278,351 ("the '
351
Patent").
This second continuation application contains only a single
claim, which is directed to a capsule comprising an Antarctic krill
oil extract comprising a phospholipid suitable for human
consumption. This claim covers most, if not all, krill oil products
presently sold in the U.S. market.
This second continuation application, which was filed less than
six (6) months ago, was allowed by the USPTO after a thorough
examination. During prosecution, Neptune provided the USPTO with
all prior art references and other materials, including all the
documents referred to in all of the re-examination requests filed
by Aker Biomarine ASA ("Aker") directed to the
'348 and '351 Patents, as well as all the documents relating to the
oppositions currently underway on related Neptune patents in Europe
and Australia.
Tina Sampalis, M.D., Ph.D., Chief Global Strategy Officer of
Neptune, stated: "This single claim patent, which will be granted
shortly, not only covers Neptune's krill oil products but also the
krill oil products of our competitors. The fact that the USPTO has
allowed a second continuation patent is an indication to us that
all the prior art, experimental evidence, and arguments submitted
by Aker in the different re-examination and opposition proceedings
relating to the other Neptune patents have no merit. It is becoming
more and more difficult for our competitors to downplay or
disregard Neptune's patent estate."
"We are continuously building and strengthening our intellectual
property assets. Despite the tragic events suffered by Neptune on
November 8, 2012, we are committed to maintaining our pioneering
role in the krill oil industry and we intend to fully enforce our
patents against anyone who infringes," she added.
Management Reorganization
Neptune also announces that, effective January 23, 2013, Henri
Harland, President and Chief Executive Officer of Neptune, will
cumulate for an interim period of time, during the implementation
of Neptune's plan to resume production, the functions and
responsibilities held previously by Michel Chartrand, as Chief
Operating Officer, who will continue to hold office as member of
the Board of Director. "Michel and I came to the conclusion that
until Neptune resumes operations at its production plant; it was in
Neptune's best interest to abolish the office of Chief Operating
Officer for an interim period of time. We believe that Michel will
better serve Neptune's interests by focusing on his
responsibilities as Director of the company during his mandate,"
said Henri Harland.
"On behalf of the Neptune family, I want to thank Michel for his
relentless efforts and devotion to Neptune's employees and families
most affected by the recent tragic events," he added.
As part of the management reorganizational efforts announced
previously by Neptune in its action plan going forward, Neptune
also wishes to confirm that its directors, senior management and
employees have accepted salary reductions of 20% for an interim
period during the implementation of Neptune's plan to resume
production.
About Neptune Technologies & Bioressources
Inc.
Neptune is a biotechnology company engaged primarily in the
development and commercialization of marine-derived omega-3
polyunsaturated fatty acids, or PUFAs. Neptune has a patented
process of extracting oils from Antarctic krill, which omega-3
PUFAs are then principally sold as bulk oil to Neptune's
distributors who commercialize them under their private label
primarily in the U.S., European and Asian neutraceutical markets.
Neptune's lead products, Neptune Krill Oil (NKO®) and ECOKRILL Oil
(EKO™), generally come in capsule form and serve as a dietary
supplement to consumers.
Through its subsidiaries Acasti Pharma Inc. ("Acasti")
(TSX-V:APO) (Nasdaq:ACST) and NeuroBioPharm Inc. ("NeuroBioPharm"),
in which Neptune respectively holds 57% and 96% of the voting
rights, Neptune is also pursuing opportunities in the medical food
and prescription drug markets. Acasti and NeuroBioPharm
respectively focus on the research and development of safe and
therapeutically effective compounds for highly prevalent
atherosclerotic conditions, such as cardiometabolic disorders and
cardiovascular diseases, and for neurodegenerative and inflammation
related conditions. Acasti's lead prescription drug candidate is
CaPre®, a purified high omega-3 phospholipid concentrate derived
from Neptune krill oil being developed to address the prevention
and treatment of cardiometabolic disorders, including
hypertriglyceridemia, which is characterized by abnormally high
levels of triglycerides.
Forward Looking Statements
Certain statements included in this press release may be
considered forward-looking information within the meaning of
Canadian securities laws and forward-looking statements within the
meaning of U.S. federal securities laws, both of which we refer to
as forward-looking statements. Such statements involve known and
unknown risks, uncertainties and other factors that may cause
results, performance or achievements to be materially different
from those implied by such statements, and therefore these
statements should not be read as guarantees of future performance
or results. All forward-looking statements are based on Neptune's
current beliefs as well as assumptions made by and information
currently available to Neptune and relate to, among other things,
Neptune's strategy, strategic goals, research and development
activities, research and clinical testing outcome, future
operations, future financial position, future revenues/results,
projected costs, prospects and plans and objectives of
management.
Readers are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of the date of this
press release. Due to risks and uncertainties, including the risks
and uncertainties identified by Neptune in its amended and restated
annual information form dated September 11, 2012, in its press
release announcing an action plan to resume operations and supply
customers dated November 26, 2012 and in its other public
securities filings available at www.sedar.com and
www.sec.gov/edgar.shtml, actual events may differ materially from
current expectations. Except as required by law, Neptune disclaims
any intention or obligation to update or revise any forward-looking
statements.
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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