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| September 3, 2009  

Martek Biosciences Corp. v. Nutrinova Inc.

On September 3, 2009, the Federal Circuit, inter alia, affirmed the district court’s denial of Lonza’s motion for judgment as a matter of law following the finding that Lonza infringed U.S. Patents No. 5,340,594 and No. 6,410,281, and reversed and remanded the district court’s grant of JMOL that U.S. Patent No. 6,451,567 was invalid and the construction of the claim term “animal” in U.S. Patent No. 5,698,244. The patented technology related to microorganisms that produce lipids with high concentrations of omega-3 highly unsaturated fatty acids such as docosahexaenoic acid (DHA) suitable for human and animal consumption as food additives.

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