Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc., a subsidiary of Neptune, announced they were unable to reach a final settlement agreement through mediation with Enzymotec Ltd. and Enzymotec USA, Inc. that would resolve the International Trade Commission (ITC) investigation into infringement of Neptune’s composition of matter patents, as well as related federal court actions initiated by Neptune against Enzymotec and its distributors. Neptune and Acasti will now pursue Enzymotec through the ITC and the federal district court in Delaware.
The ITC hearing will commence on April 28 and a decision will be rendered by the administrative law judge two to three months afterward. If the ITC rules in favor of Neptune and Acasti, Enzymotec would be banned from importing infringing krill oil-based products in the United States.
Neptune's U.S. patents are currently valid and enforceable and Neptune continues to pursue additional continuation patents in the United states patent and Trademark Office.
As previously announced, based on the strength of Neptune and Acasti’s patents, settlement agreements were concluded with the eight other respondents named in the ITC investigation.