26 January, 2024
Kaiseraugst, Switzerland – dsm-firmenich, a leading innovator in nutrition, health, and beauty, is pleased to announce a victory that it prevailed before the United States Patent and Trademark Office (USPTO) today, by successfully defending a patent from an invalidation action recently levied by Mara Renewables Corporation.
The USPTO’s Patent Trial and Appeal Board (PTAB) rejected Mara Renewables’ request for inter partes review (IPR) and cancellation of U.S. Patent No. 10,392,578. This patent protects certain dsm-firmenich innovations in providing nutritional lipids rich in docosahexaenoic acid (DHA) omega-3 derived from an algal source.
The PTAB concluded that there was no reasonable likelihood that petitioner Mara Renewables would prevail in successfully invalidating a claim of the challenged patent. This decision reinforces the strength and validity of dsm-firmenich’s patent in the United States, building upon recent favorable decisions and opinions by the European Patent Office on related patents claiming similar technology in Europe.
"Although we were confident from the outset, we are nonetheless pleased with the PTAB's decision to uphold our patent," said James Young, Vice President of Early Life Nutrition at dsm-firmenich. “This outcome validates our significant investments in and commitment to innovation and underscores our position as a technology leader in microbial lipids."
The PTAB's refusal to review the validity of the patent allows dsm-firmenich to maintain its exclusive rights in the U.S. to certain microbial lipid compositions having, inter alia, DHA triglyceride fractions of 40 wt.% and higher.
As innovators in nutrition, health, and beauty, dsm-firmenich reinvents, manufactures, and combines vital nutrients, flavors, and fragrances for the world’s growing population to thrive. With our comprehensive range of solutions, with natural and renewable ingredients and renowned science and technology capabilities, we work to create what is essential for life, desirable for consumers, and more sustainable for the planet. dsm-firmenich is a Swiss-Dutch company, listed on the Euronext Amsterdam, with operations in almost 60 countries and revenues of more than €12 billion. With a diverse, worldwide team of nearly 30,000 employees, we bring progress to life™ every day, everywhere, for billions of people.
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