Despite winning on all major points, STIM has appealed the Olso District Court decision against Biomar, asking the appeal court to find Biomar legally responsible for indirect infringements of STIM’s patent rights.
The Oslo court ordered Biomar to pay compensation and legal costs totalling NOK23 million for patent infringements and breaches of the business code of conduct, ruling that Biomar produced a direct copy based on a sample of STIM’s feed.
STIM now argues that Biomar is responsible for indirect infringements by fish farmers that are using this feed during the SuperSmolt process when the feed is used in combination with added PVCR modulators. “The court does not doubt that Biomar knows that it is probable that fish farmers with RAS facilities will use the feed together with the addition of Calcium in said quantities [STIM’s translation],” said the court ruling.
“Biomar´s knowledge is substantiated by the fact that Biomar, on customer request, has signed declarations of indemnification where the company assumes economic responsibility on behalf of at least three fish farmers for the instance that using Biomar´s product will infringe on STIM´s patent rights,” it continued.
STIM chief executive, Jim-Roger Nordly, said that it was obvious that Biomar knew exactly what it was doing. “They are willing to hide behind fish farmers on this issue,” he said. “I believe Oslo District Court also shared this view.”
