The US Patent and Trademark Office’s Patent Trial and Appeal Board has found that certain patents related to krill and krill oil held by Norwegian Aker Biomarine in the country are unpatentable.
The patent authority’s finding followed petitions from Aker’s compatriot biotech firm Rimfrost, also active in krill oil production, the firm said in a 22 August statement.
Rimfrost CEO Stig Remoy said that the US market was especially important to the company and that he was happy that uncertainty and confusion around its products had now been cleared.
The two patents the US authorities invalidated were used by Aker to pursue legal action against Rimfrost in Delaware and in the US International Trade Commission, which had both now been withdrawn by Aker.
Rimfrost said it had experienced large-scale sales growth in krill products since 2017 and that its krill oil had the highest levels of naturally occurring astaxanthin and omega 3 phospholipids in the market.