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Martek's European DHA Patent Revoked


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Martek's European DHA Patent Revoked

COLUMBIA, Md.--Martek Biosciences (www.martekbio.com), based here, had its European patent on DHA revoked by the European Patent Office; the company has filed an appeal to fight the decision and ensure it retains patent force during the appeals process. The appeals process is expected to take around two years.

According to the company, Martek's European DHA patent contains broader claim language than its patent in the United States. In addition to the DHA patents, Martek holds U.S. and European patents on arachidonic acid (ARA) technology and some use patents on mixtures of DHA and ARA.

The company is publicly traded; it noted that while the patent appeal is not expected to have a short-term impact on sales, if the appeal is lost, it could result in more competition and possible decreased sales in Europe.

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