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BioMar appeals SuperSmolt patent decision

11 March 2020, at 3:05pm

BioMar is challenging a decision by an Olso court to fine it 16.5 million kroner, plus costs, for infringement of a patent held by STIM (formerly Europharma) relating to its SuperSmolt technology.

STIM’s patented method is meant to improve the consistency of smoltification in juvenile salmon prior to their transfer to sea pens
STIM’s patented method is meant to improve the consistency of smoltification in juvenile salmon prior to their transfer to sea pens

© STIM

BioMar denies having copied a technology protected by valid patents or carried out other wrongdoings by the launch of their own smolt transfer product, Intro Tuning.

Håvard Jørgensen, MD of BioMar Norway, explains: “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.

"We, however, believe that in this case, we 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."

BioMar is appealing the judgement despite the fact that it does not affect the company’s right to continue to produce and sell its current product portfolio for smoltification. And two other leading feed companies have challenged STIM’s patent at the European Patent office (EPO).

According to BioMar, if any of these challenges succeed it will automatically lead to the revocation of STIM’s patent.

“We will continue to fight for the industry’s right to produce feed to support the growth and health during seawater transfer and smoltification and such give farmers the possibility to implement the feeding strategy of their own choice,” concludes Håvard Jørgensen