March 11, 2020


BioMar to appeal court ruling on patent infringement




BioMar said it will appeal a Norwegian court ruling that the company has infringed one of the two existing patents of rival company STIM in Norway and violated the Marketing Act.


The Danish aquafeed company denied it had copied STIM's SuperSmolt FeedOnly technology with the launch of the previous version of its smolt transfer product Intro Tuning.


"BioMar Norway truly believes that a general, known method to improve smoltification in aquaculture cannot be protected by a patent. As an important contributor to innovation in the industry and a company with a strong record of developing patented technology, we fully respect intellectual property rights", said Håvard Jørgensen, managing director of BioMar Norway and former global R&D director in BioMar Group.


Jørgensen claimed that they have not infringed any valid patent as "the fundamental knowledge existed both internally in BioMar and within the industry prior to the filing of the STIM patent in question".


"We have continued to develop an approach to aid the smoltification process and by our innovations contributed with new feeds and technology to improve both cost efficiency and biological impact", he said.


Besides BioMar, two other leading feed companies have challenged STIM's patent by filing oppositions at the European Patent office (EPO). 


The ruling by the Oslo District Court does not affect BioMar's right to continue producing and selling the current product portfolio for smoltification in other countries.