On April 11, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Omega-3 Extracts From Marine Or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877).

The investigation is based on a January 29, 2013 complaint, a March 21, 2013 amended complaint, and an April 1, 2013 supplement to the amended complaint filed by Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc. – both of Canada – alleging violation of Section 337 in the importation into the U.S. and sale of certain omega-3 extracts from marine or aquatic biomass and products containing same that infringe one or more claims of U.S. Patent No. 8,278,351.  See our January 31, 2013 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following as the respondents in this investigation:

  • Aker BioMarine AS of Norway
  • Aker BioMarine Antarctic USA, Inc. of Issaquah, Washington
  • Aker BioMarine Antarctic AS of Norway
  • Enzymotec Limited of Israel
  • Enzymotec USA, Inc. of Morristown, New Jersey
  • Olympic Seafood AS of Norway
  • Olympic Biotec Ltd. of New Zealand
  • Avoca, Inc. of Merry Hill, North Carolina
  • Rimfrost USA, LLC of Merry Hill, North Carolina
  • Bioriginal Food & Science Corp. of Canada

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this investigation.