BioMar has scored a win in Norwegian courts as a patent case brought against the company by competitor STIM has gone in BioMar’s favor.
STIM had requested a ban of the sale of BioMar’s Intro Tuning feed, alleging that the feed infringes on a European patent. STIM, earlier this year, won a victory in the European Patent Office when the office decided that the company’s patent on its feed SuperSmolt FeedOnly – a feed that induces smoltification in salmon – was valid. STIM also won a lawsuit in March against BioMar that resulted in a NOK 23 million (USD 2.7 million, EUR 2.2 million) fine.
In July, STIM submitted a request to Norwegian courts to bar BioMar’s Intro Tuning feed from sale, alleging that the feed violated the recently acquired European patent. After hearing the case in early November, the Oslo County Court decided on 8 December that BioMar’s feed does not infringe on STIM’s patent.
“We are very happy with the outcome of this case,” BioMar Norway Managing Director Håvard Jørgensen said. “The decision from the court is in accordance with the European Patent Office's understanding of STIM's patent, and thus as expected. This decision means that fish farmers can continue to choose feed from our product portfolio that promotes growth and health during smoltification and transfer to seawater.”
The ruling means that production and sale of Intro Tuning by BioMar will continue as before. STIM can appeal the ruling, however according to BioMar “an expiration deadline was set for the second half of January 2021.”
Photo courtesy BioMar
