NEPTUNE TECHNOLOGIES & BIORESSOURCES INC.

Transcription

1 NEPTUNE TECHNOLOGIES & BIORESSOURCES INC. FORM 6-K (Report of Foreign Issuer) Filed 09/06/12 for the Period Ending 09/06/12 Telephone (450) CIK Symbol NEPT SIC Code Pharmaceutical Preparations Industry Biotechnology & Medical Research Sector Healthcare Fiscal Year 03/31 Copyright 2017, EDGAR Online, a division of Donnelley Financial Solutions. All Rights Reserved. Distribution and use of this document restricted under EDGAR Online, a division of Donnelley Financial Solutions, Terms of Use.

2 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934 For the month of September Commission File Number: (Translation of registrant's name into English) 225 Promende du Centropolis Suite 200 Laval, Québec Canada H7T 0B3 (Address of principal executive office) Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F. Form 20-F [ ] Form 40-F [ x] Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): Note: Regulation S-T Rule 101(b)(1) only permits the submission in paper of a Form 6-K if submitted solely to provide an attached annual report to security holders. Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): Note: Regulation S-T Rule 101(b)(7) only permits the submission in paper of a Form 6-K if submitted to furnish a report or other document that the registrant foreign private issuer must furnish and make public under the laws of the jurisdiction in which the registrant is incorporated, domiciled or legally organized (the registrant's "home country"), or under the rules of the home country exchange on which the registrant's securities are traded, as long as the report or other document is not a press release, is not required to be and has not been distributed to the registrant's security holders, and, if discussing a material event, has already been the subject of a Form 6-K submission or other Commission filing on EDGAR. Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of Yes [ ] No [ x ] If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82-. On September 6, 2012 the Registrant issued a press release, a copy of which is attached hereto as Exhibit 99.1 and is incorporated herein by reference. (c) Exhibit Press release dated September 6, 2012 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. (Registrant)

3 Date: September 6, 2012 /s/ HENRI HARLAND Henri Harland President and Chief Executive Officer

4 EXHIBIT 99.1 Neptune's Competitor Claims an Illusory Victory LAVAL, Quebec, Sept. 6, 2012 (GLOBE NEWSWIRE) -- ("Neptune" or the "Corporation") (Nasdaq:NEPT) (TSX:NTB) announced that on September 4, 2012, Neptune's competitor, Aker Biomarine ASA ("Aker"), issued a press release in an attempt to confuse the krill oil market following the Australian patent authorities' decision to uphold a few claims of its Australian patent numbered AU This decision resulted from the filing, on May 22, 2012, of Neptune's request for the re-examination of Aker's Australian patent. On August 3, 2012, the Australian Patent Office issued a Re-Examination Report wherein it confirmed Neptune's position that Aker's claims to a krill oil production process lacked the requisite novelty and inventive step and therefore were invalid. Aker's AU patent is now limited to narrow composition claims that contain specific percentages and amounts of both ether phospholipids and astaxanthin. In the AU patent, krill oil with these specific percentages and amounts of ether phospholipids and astaxanthin are purportedly obtained through solvent and supercritical extractions, extraction processes that are much more expensive than the solvent extraction method used by Neptune. "This is old news as the decision in the Re-Examination Report came out more than a month ago," stated Henri Harland, President and CEO of Neptune. "It is another failed attempt by Aker to mislead the markets and Neptune's Australian business partners into believing that they have solid intellectual property, when in fact they do not. The invention described in Aker's Australian patent, as far as we know, does not cover any krill oil products currently sold on the market and/or clinically tested, whether in Australia or anywhere else in the world. Unlike Neptune's NKO, the scientific community has yet to identify clear substantial benefits that ether phospholipids in the concentrations covered by Aker's Australian patent may have for humans." As stated in prior press releases, Neptune is confident in its conclusion that Aker's patent has no impact on its position as the leading krill oil provider to the Australian market, and that its products do not infringe the AU patent. Aker itself, in the text of AU , makes the point that NKO does not fall within the narrow specific percentages and amounts required by the claims that survived reexamination. Also, Neptune was exploiting or had taken definite steps to exploit its krill oil prior to the earliest claimed priority date of Aker's patent application and therefore, under Australian patent law, has a complete defense to infringement due to prior use. This means that Aker's patent is unenforceable in relation to NKO. "Moreover, as soon as the Australian Patent Office rejects the opposition filed by Aker against Neptune's allowed Australian patent AU for a phospholipid composition covering NKO, we will not hesitate to take all appropriate legal actions," added Mr. Harland. About Neptune is an industry-recognized leader in the innovation, production and formulation of science-based and clinically proven novel phospholipid products for the nutraceutical and pharmaceutical markets. The Company focuses on growing consumer health markets including cardiovascular, inflammatory and neurological diseases driven by consumers taking a more proactive approach to managing health and preventing disease. The Company sponsors clinical trials aimed to demonstrate its product health benefits and to obtain regulatory approval for label health claims. Neptune is continuously expanding its intellectual property portfolio as well as clinical studies and regulatory approvals. Neptune's products are marketed and distributed in over 30 countries worldwide. About Acasti Pharma Inc. Acasti Pharma (TSX-V:APO) is developing a product portfolio of proprietary novel long-chain omega-3 phospholipids. Phospholipids are the major component of cell membranes and are essential for all vital cell processes. They are one of the principal constituents of High Density Lipoprotein (good cholesterol) and, as such, play an important role in modulating cholesterol efflux. Acasti Pharma's proprietary novel phospholipids carry and functionalize the polyunsaturated omega-3 fatty acids EPA and DHA, which have been shown to have substantial health benefits and which are stabilized by astaxanthin, a potent antioxidant. Acasti Pharma is focusing initially on treatments for chronic cardiovascular and cardiometabolic conditions within the over-the-counter, medical food and prescription drug markets. About NeuroBioPharm Inc. NeuroBioPharm is pursuing pharmaceutical neurological applications, and a clinical study for a medical food product with a multinational partner is already initiated. The development of a prescription drug candidate is currently in progress. Advanced clinical development and commercialization is planned to be carried out with multinational partners. "Neither Nasdaq nor the TSX nor its Regulation Services Provider (as that term is defined in the policies of the TSX) accepts responsibility for the adequacy or accuracy of this release." Statements in this press release that are not statements of historical or current fact constitute "forward-looking statements" within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and Canadian securities laws. Such forward-looking statements involve known and unknown risks, uncertainties, and other unknown factors that could cause the actual results of the Company to be materially different from

5 historical results or from any future results expressed or implied by such forward-looking statements. In addition to statements which explicitly describe such risks and uncertainties, readers are urged to consider statements labeled with the terms "believes," "belief," "expects," "intends," "anticipates," "will," or "plans" to be uncertain and forward-looking. The forward-looking statements contained herein are also subject generally to other risks and uncertainties that are described from time to time in the Company's reports filed with the Securities and Exchange Commission and the Canadian securities commissions. CONTACT: Neptune Contact: Andre Godin, CFO Howard Group Contact: Dave Burwell (888)