dsm-firmenich has announced a victory before the US Patent and Trademark Office (USPTO) in 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 US 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 US, 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.”
The PTAB’s refusal to review the validity of the patent allows dsm-firmenich to maintain its exclusive rights in the US to certain microbial lipid compositions having, inter alia, DHA triglyceride fractions of 40 wt.% and higher.