Martek BioSci. Corp. v. Nutrinova, Inc.

In this patent infringement action, Nutrinova, Inc.; Nutrinova Nutrition Specialties and Food Ingredients GmbH; and Lonza, Ltd. (collectively “Lonza”) appeal from the final judgment of the United States District Court for the District of Delaware that Lonza infringed certain specified claims of Martek’s U.S. Patent Nos. 5,340,594 (“the ’594 patent”) and 6,410,281 (“the ’281 patent”). See Martek Biosciences Corp. v. Nutrinova Inc., 520 F. Supp. 2d 537 (D. Del. 2007) (“Martek I”). Specifically, Lonza appeals the district court’s denial of its motions for judgment as a matter of law (“JMOL”) that the ’594 patent claims are invalid and that Lonza does not infringe the ’281 patent claims, the district court’s exclusion of its prior inventorship evidence, and the district court’s construction of the claim term “non-chloride sodium salt.” Martek Biosciences Corp. (“Martek”) cross appeals the district court’s grant of Lonza’s motion for JMOL that the asserted claims of Martek’s U.S. Patent No. 6,451,567 (“the ’567 patent”) are invalid and the district court’s construction of the claim term “animal” in Martek’s U.S. Patent No. 5,698,244 (“the ’244 patent”). As to the points of error argued by Lonza on appeal, we affirm. As to the points of error asserted by Martek on cross appeal, we reverse.

Download Martek BioSci. Corp. v. Nutrinova, Inc.