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That was word from the Columbi a company Tuesday inregulatory filings. The patentg office in the Netherlands upheld a patent that was grantef to the biotech firm in 2007 but was challenged by food manufacturerwand Ltd. The patent office said Martek’as patent applies to Martek’s nutritional oil in infan formula, but is not covered when it is blendede with certain fish oils used ininfanrt formula. Martek (NASDAQ: MATK) expects the appeal will take one to two yeard and said it does not believe the rulin will impactits revenue. Derivedx from algae, the company’s nutritionalo oils are also used in dietary supplements and food such as yogurtand juice.
The companu has been aggressively expanding its infangt formula business overseas as it has nearly saturatedrthe U.S. market. Martek warned in its last earnings statement that its infant formula saless in the third and fourthg quarters could drop as retailers trim their inventories ofthe product. The company anticipates demand will pick up infiscalo 2010.
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