Hoffmann & Baron successfully represented Rimfrost AS, one of the world’s largest producers of krill products, in two appeals before the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”). In the consolidated opinion dated October 3, 2019, Circuit Judge Lourie, writing for the Federal Circuit, affirmed two Final Written Decisions by the Patent Trial and Appeal Board (“PTAB”) finding two patents owned by Aker Biomarine AS (“Aker”) unpatentable. The Federal Circuit ruled that substantial evidence was presented to the PTAB by the Hoffmann & Baron team demonstrating that every claim of the Aker patents was unpatentable. Based on the Federal Circuit’s decision, the claims of both Aker patents, directed to encapsulated krill oil compositions and methods of producing krill oil, will be cancelled by the U.S. Patent and Trademark Office.
The Hoffmann & Baron team included James Harrington, John Gallagher, Michael Chakansky and Ron Baron.
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