Neptune Provides Update on European Patent Dispute and Maintains Its International Patent Strategy
2013年4月10日 - 11:25PM
Neptune Technologies & Bioressources Inc. ("Neptune" or the
"Corporation") (Nasdaq:NEPT) (TSX:NTB) announces that it is moving
forward with its international patent strategy and is not affected
in any way by the recent action by the European Patent Office's
Technical Appeal Board (the "Board") to dismiss Neptune's appeal
related to one of its European patents, specifically EP 1417211.
The Board was solely concerned with the issue of flavonoids in
krill extracts. Importantly the Board did not address phospholipid
compositions, which form a large part of Neptune's extensive
international patent portfolio.
This European patent relates to an extract containing specific
flavonoids. Europe is the only jurisdiction where Neptune's patent
portfolio includes flavonoids in the independent claims. In fact,
this European patent was one of the first patents obtained by
Neptune and it reflected an initial market study indicating that
flavonoids could eventually be commercially important and sought
after by consumers. Neptune's later market analysis showed that
omega-3 phospholipids are more important for consumers. As such,
all of Neptune's subsequent composition patent applications were
drafted accordingly, taking into account the importance of
phospholipids.
Therefore, the decision by the Board will not impact in any way
the ongoing disputes in the U.S. and elsewhere, including Neptune's
recent filing with the U.S. International Trade Commission
(ITC).
Benoit Huart, General Counsel of Neptune, stated that "the
status of this patent has practically no impact on our business: it
concerns flavonoids, not phospholipids. Whenever we have
pursued patent protection covering phospholipids, such as in the
U.S., Australia, and Canada, we did not base it on flavonoids and
we have succeeded with the issuance and allowance of patents in
those jurisdictions. This opposition has also given us an
opportunity to gather strategic information, which will be useful
as we continue to execute our international patent
strategy."
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 and 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 NeuroBio 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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