Case: Patents/Obviousness (P.T.A.B.)

Challenged claims of Aker Biomarine Antarctic AS’s patent that discloses extracts from Antarctic krill that include bioactive fatty acids are unpatentable as obvious over prior art, the Patent Trial and Appeal Board found in an inter partes review by Rimfrost AS. The board determined that the challenged claims are obvious over various combinations of prior art, including prior art that discloses a process for separating lipid materials containing phospholipids; presents the current state of possible commercial-scale uses of krill-processing technologies, including processing technologies for products for human consumption, animal feed, and industrial purposes; and that discloses compositions for modulating an ...