LAVAL, Quebec, Feb 02, 2012 - Neptune Technologies and Bioressources Inc. (Nasdaq: NEPT) (TSX: NTB) announces that, pursuant to an agreement by the parties in the patent infringement litigation initiated by Neptune in the U.S. District Court in Delaware, the court has ordered a stay of the litigation until the U.S. Patent and Trademark Office (“USPTO”) concludes its inter partes re-examination of the Neptune patent at issue in the case, U.S. Patent No. 8,030,348 (“’348 patent”).
 
During a January 17, 2012 webcast, Neptune advised that the defendants in the litigation – Aker Biomarine ASA, Aker Biomarine Antartic USA, Inc., and Schiff Nutrition International, Inc. – would likely file a motion to stay the litigation in view of the re-examination proceedings.  On January 18, 2012, the defendants did, in fact, file in the Delaware court a motion to stay the litigation until the final conclusion of the re-examination process, including potential appeals to the Board of Patent Appeals and Interferences, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.  The agreement reached by the parties, which the Delaware court today approved, limits the stay period to the conclusion of the re-examination process before the USPTO.

‘‘During the stay period and the re-examination process, the ‘348 patent, which discloses and claims novel omega 3 phospholipid compositions suitable for human consumption, remains valid and enforceable.  Neptune is confident that at the end of the re-examination process, the validity of the claims of the ‘348 patent will be reconfirmed’’ said André Godin, Neptune’s Chief Financial Officer.