Neptune Technologies & Bioressources Inc. filed an ITC action against several competitors accusing them of infringing Neptune’s patents related to methods for extracting oils from Antarctic krill to be used in dietary supplements. Neptune sought an order prohibiting the companies from importing, marketing or selling their krill-based products in the US. In addition to teaching the Administrative Law Judge the relevant technology and proving infringement of its two patents, the Quebec based company also needed to prove that it met the domestic industry requirement of Section 337.

The Focal Point’s Role

The Focal Point worked with the Cooley team to develop graphics for briefing and direct witness statements that provided the relevant background on the Krill Oil industry, defended the validity of the patents in relation to the prior art, and traced Neptune’s supply chain to emphasize its domestic economic activity. The Focal Point also created a document database for use at trial and worked closely with the Cooley attorneys to prepare evidence for use during witness testimony.


Neptune reached a confidential settlement with the respondents on the eve of the hearing.


US International Trade Commission
Administrative Law Judge David P. Shaw

The Focal Point’s Client


Steve Smith
DeAnna Allen
Laura Cunningham
Stephen Crenshaw