Ethical Naturals Inc. (ENI), San Anselmo, CA, has been granted a U.S. patent for its method of testing and identifying the unique markers that differentiate between shellfish and vegetable based glucosamine. This new analytical technique is significant from a commercial standpoint because shellfish glucosamine is generally more readily available, cheaper to produce and can easily be substituted for the value added vegetable material. A verified pure source, such as ENI's GreenGrown vegetable glucosamine is particularly important in order to comply with label claims for proper ingredient sources.
Neptune Technologies and Bioressources Inc., Laval, Quebec, Canada, has been issued a new U.S. patent No. 8,057,825 from the U.S. Patent and Trademark Office (USPTO) that protects and provides Neptune with exclusive use of krill extracts in the U.S., as a method for reducing cholesterol, platelet adhesion and plaque for mation. According to the company, while the previous, recently awarded U.S. patent No. 8,030,348 secured Neptune's intellectual property on a composition of novel omega 3 phospholipids, which are the main bioactive ingredients in krill oils, this new patent grants Neptune protection on specific cardiovascular health benefits, such as reduction of cholesterol, platelet adhesion and plaque formation when using krill extracts.
However, Aker BioMarine, Oslo, Norway, has filed a request for reexamination of all claims in Neptune's '825 patent. This is the second Neptune patent that Aker BioMarine has asked USPTO to reexamine. According to Aker BioMarine, Neptune obtained the '825 patent by representing that it was the first to discover the ability of krill oil to lower cholesterol and reduce platelet adhesion and plaque formation. However, Aker claims in its request for reexamination that prior publications described these same uses and benefits of krill oil. Like its earlier request, Aker BioMarine's request for reexamination of the (825 patent asks the USPTO to declare Neptune's claims to be unpatentable.
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