Neptune Responds to Aker BioMarine's Attempt to Shift the Focus from Neptune's Major
Laval, Québec, CANADA - January 31, 2013 - Neptune Technologies & Bioressources Inc. ("Neptune") (NASDAQ.NEPT - TSX.NTB) the pioneer in the krill oil industry, recently announced the filing of a complaint in the United States International Trade Commission (the "ITC") against multiple infringers, including Aker BioMarine ("Aker"), for infringement of U.S. Patent No. 8,278,351, which contains composition of matter claims. Aker, in a clear attempt to shift the focus from the ITC action, has issued a press release addressing the re-examination of a different Neptune patent that is directed to methods of use.
"Neptune has known of the action in the re-examination of the methods of use patent for days and recognizes it for what it is: a simple procedural step in the long process of re-examination," said Benoit Huart, Director of Legal Affairs of Neptune. "Aker relies on the industry's inexperience with patent litigation and is trying to sidestep the fact that Neptune has made a significant litigation filing that allows for a fast resolution of infringement and the potential for broad and severe remedies," he added. "The recent press release Aker issued is consistent with its strategy of denigrating our patents to deflect attention from its infringement," he concluded.
About Neptune Technologies & Bioressources Inc.
Neptune is a biotechnology company engaged primarily in the development and commercialization of marine-derived omega-3 polyunsaturated fatty acids, or PUFAs. Neptune has a patented process of extracting oils from Antarctic krill, which omega-3 PUFAs are then principally sold as bulk oil to Neptune's distributors who commercialize them under their private label primarily in the U.S., European and Asian neutraceutical markets. Neptune's lead products, Neptune Krill Oil (NKO®) and ECOKRILL Oil (EKO™), generally come in capsule form and serve as a dietary supplement to consumers.
Through its subsidiaries Acasti Pharma Inc. ("Acasti") (TSXV: APO / NASDAQ: ACST) and NeuroBioPharm Inc. ("NeuroBioPharm"), in which Neptune respectively holds 57% and 96% of the voting rights, Neptune is also pursuing opportunities in the medical food and prescription drug markets. Acasti and NeuroBioPharm respectively focus on the research and development of safe and therapeutically effective compounds for highly prevalent atherosclerotic conditions, such as cardiometabolic disorders and cardiovascular diseases, and for neurodegenerative and inflammation related conditions. Acasti's lead prescription drug candidate is CaPre®, a purified high omega-3 phospholipid concentrate derived from Neptune krill oil being developed to address the prevention and treatment of cardiometabolic disorders, including hypertriglyceridemia, which is characterized by abnormally high levels of triglycerides.
Forward Looking Statements
Certain statements included in this press release may be considered forward-looking information within the meaning of Canadian securities laws and forward-looking statements within the meaning of U.S. federal securities laws, both of which we refer to as forward-looking statements. Such statements involve known and unknown risks, uncertainties and other factors that may cause
results, performance or achievements to be materially different from those implied by such statements, and therefore these statements should not be read as guarantees of future performance or results. All forward-looking statements are based on Neptune's current beliefs as well as assumptions made by and information currently available to Neptune and relate to, among other things, Neptune's strategy, strategic goals, research and development activities, research and clinical testing outcome, future operations, future financial position, future revenues/results, projected costs, prospects and plans and objectives of management.
Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this press release. Due to risks and uncertainties, including the risks and uncertainties identified by Neptune in its amended and restated annual information form dated September 11, 2012, in its press release announcing an action plan to resume operations and supply customers dated November 26, 2012 and in its other public securities filings available at www.sedar.com and www.sec.gov/edgar.shtml, actual events may differ materially from current expectations. Except as required by law, Neptune disclaims any intention or obligation to update or revise any forward-looking statements.
Neptune Contact: Howard Group Contact:
Neptune Technologies & Bioressources Inc. Dave Burwell