Norwegian feed producer STIM has won another patent lawsuit against BioMar, this time in the Borgarting Court of Appeal, effectively ending its legal battle.
The lawsuit centered around STIM’s “SuperSmolt FeedOnly,” a proprietary patented aquaculture feed that induces smoltification in salmon. The company alleged BioMar infringed upon its patents by using feed that effectively copied the company’s innovations – an allegation that multiple courts have upheld.
As a result of the decision by the court of appeal, BioMar will be forced to pay STIM NOK 36 million (USD 4.1 million, EUR 3.7 million).
“This is above all a victory for innovation and for the industry we are part of. Our company has always put great effort and resources into to creating new products and solutions that can improve fish heath and welfare and the aquaculture industry as a whole,” STIM CEO Jim-Roger Nordly said in a release. “This ruling sends a clear signal that large international companies are not free to exploit such innovations. It is important not only for us, but for all companies involved in development efforts.”
The decision comes after a string of victories for STIM, which has been involved in patent cases over SuperSmolt with BioMar since early 2020. In March 2020, BioMar announced it planned to appeal a decision that at the time resulted in a NOK 23 million (USD 2.6 million, EUR 2.4 million) fine. Then in July 2020, STIM announced another patent win in the European Patent Office, which expanded the company’s rights to the feed, before scoring another victory in Norwegian court in December 2020.
In early 2021, STIM won another victory in Oslo County Court which rejected an appeal of the December decision.
The latest decision by the Borgarting Court of Appeal was “the same as that of Oslo District Court and the European Patent Office,” Nordly said, which both found that the feed was patentable and that BioMar had infringed upon the patent. This latest decision, according to STIM, represents an end to the company’s legal battles.
“We have several new R&D projects that require our full attention. The distraction of this court case will not be missed,” Nordly said.
