Aker claimed a victory of sorts, saying that the Australian government office had upheld the ‘novelty and inventiveness’ of the portion of its patent relating to the composition of its products. In a press release delivered to NutraIngredients-USA, Neptune disputed that view.
“It is another failed attempt by Aker to mislead the markets and Neptune’s Australian business partners into believing that they have solid intellectual property, when in fact they do not,” Henri Harland, president and CEO of Neptune stated in the release.
In the release, Neptune said it is the leading krill supplier in the Australian market, and believes that Aker’s patent will have no impact on that position. The company went on to say that it believes that Aker’s patent is unenforceable.
IP Australia is in the process of re-evaluating Neptune’s Australian patent over a challenge filed by Aker, and the company said it is confident its patent will withstand that challenge. Harland said in the release that if Neptune receives a positive decision, “we will not hesitate to take all appropriate legal actions.”