COLUMBIA, Md., Oct. 23 /PRNewswire-FirstCall/ -- Martek Biosciences Corporation today announced that a jury in the United States District Court in Wilmington, Delaware, has returned a verdict favorable to Martek in its patent infringement suit against Lonza Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH (collectively “Lonza”). The jury found that Lonza infringed all the asserted claims of U.S. Patent Nos. 5,340,594, 6,410,281 and 6,451,567 and that those patents were valid. It also found that Lonza had acted willfully in its infringement of one of the patents. The verdict does not involve Martek’s core infant formula patents.
Martek expects that post-trial motions will be filed by Lonza with the Court with respect to the jury’s decision. In the near future, Martek intends to ask the Court for permanent injunctive relief to prohibit Lonza’s continuing infringement of the patents and Martek believes that there are sound grounds for the granting of an injunction. The decision may be appealed by Lonza to the U.S. Court of Appeals for the Federal Circuit.
“We are gratified the jury found that Martek’s patents pertaining to omega-3 DHA products and processes are valid and enforceable and that Lonza’s actions infringe on those patents. The verdict further demonstrates both the Company’s resolve to vigorously defend our intellectual property portfolio and the strength of Martek’s patent portfolio in the U.S. marketplace,” said Steve Dubin, CEO of Martek.
About Martek Biosciences
Martek Biosciences Corporation is a leader in the innovation and development of DHA omega-3 products that promote health and wellness through every stage of life. The Company produces life’sDHA(TM), a sustainable and vegetarian source of DHA omega-3, for use in foods, beverages, infant formula, and supplements, and ARA (arachidonic acid), an omega-6 fatty acid, for use in infant formula. For more information on Martek Biosciences, visit http://www.martek.com/.
Forward-Looking Statements
Sections of this release contain forward-looking statements, including, without limitation, statements concerning the course and outcome of current and future legal proceedings. These statements are based upon numerous assumptions which Martek cannot control and involve risks and uncertainties that could cause actual results to differ. For instance, Martek cannot predict with certainty any events associated with the litigation and appeal process, the future actions of Lonza, the future actions of Martek’s customers or prospective customers or the competitive and financial impact of any final court decision on the value of Martek’s intellectual property. These statements should be understood in light of the risk factors set forth in the Company’s filings with the Securities and Exchange Commission, including, but not limited to, the Company’s Form 10-Q for the fiscal quarter ended July 31,
2006 and other filed reports on Form 10-K, Form 10-K/A, Form 10-Q and Form 8- K. CONTACT Cassie France-Kelly Public Relations (443) 542-2116 media@martek.com Kyle Stults Investor Relations (410) 740-0081 investors@martek.com
Martek Biosciences Corporation
CONTACT: Cassie France-Kelly, Public Relations, +1-443-542-2116,media@martek.com; or Kyle Stults, Investor Relations, +1-410-740-0081,investors@martek.com, both of Martek Biosciences Corporation
Web site: http://www.martekbio.com/
