Martek launches patent case against Nutrinova

Martek, which makes omega-3 fatty acids from microalgae, received novel foods approval from the European Commission in June last year allowing it to market its products for use in food and supplements in Europe.

Less than six months later, Germany's Nutrinova also gained European approval for its microalgae-derived ingredient, DHActive, thanks to the previous application by Martek. Under novel foods regulation, the product was considered 'substantially equivalent' to the DHA produced by the US firm.

Both are manufactured through a fermentation process but Martek claims that Nutrinova's manufacture and sale of DHActive infringes its patent rights. Martek filed a similar suit in the United States, where both products became available first, in September 2003.

Nutrinova was unable to comment on the news.

In a release Martek said it was "corporate policy to vigorously protect its substantial investment in the research and development of its products and to continue to enforce its patents and other intellectual property rights against third parties who engage in the unauthorised manufacture, sale or use of the company's technology".​

Demand for omega-3 fatty acids has surged in recent months on the back of increasing scientific evidence for its health benefits. Studies show that that intake of these fats can significantly reduce the risk of heart disease and related cardiovascular events. Omega-3 fatty acids also play an important role in mental health - they are increasingly added to infant formula to promote brain development - and evidence suggests that they could reduce risk of Alzheimer's disease.

While most omega-3s are consumed from fish products, Martek and Nutrinova promote the vegetarian aspect of their products, which are currently the only plant-sourced DHAs that can be marketed in the European Union.

Martek​, which sells its DHA oil for supplements in the US under the Neuromins DHA name and in Europe as DHA Gold, distributed by Dutch firm Vegetable Seed Oil Products (VSP), recorded its first annual profit in December since founding almost 20 years ago, making a net income of $16 million compared to losses worth $24 million the previous year. It also added new capacity last year with the acquisition of a contract fermentation business in the US (FermPro Manufacturing).

Nutrinova​ is a wholly owned subsidiary of chemicals firm Celanese, founded in 1999 as a result of the demerger from Hoechst. The business, which also markets the high intensity sweetener Acesulfame K and dietary fibres, makes up 4 per cent of the total sales of Celanese's Performance Products segment. It had a turnover of €161 million in 2002 while Celanese generated sales of around €4.3 billion. In December the group received an offer from Blackstone Capital Partners for €3.1 billion.