Novozymes Awarded Damages for Patent Infringement

Novozymes A/S (NVZMF.PK), based in Denmark, was awarded double damages, attorneys’ fees and costs for patent infringement. A federal court in Delaware ordered Danisco to pay damages of US $4,088,584 plus prejudgment interest for infringing Novozymes’ U.S. Patent No. 6,867,031 covering Spezyme® Ethyl, an enzyme used to manufacture bioethanol. The federal court also found that Danisco wilfully infringed Novozymes’ patent and that the case was exceptional. As a result, the court doubled the damages and also awarded Novozymes attorneys’ fees and costs. The court also issued a permanent injunction against Danisco preventing future violations of Novozymes’ patent. The case began in March 2005 when Novozymes brought a patent infringement litigation against Genencor International Inc., which was subsequently acquired by Danisco A/S. The litigation was based on the sales of Genencor’s product Spezyme® Ethyl to the American market for bioethanol and other industries. In August 2006, a Federal District Court in Delaware, USA held that Spezyme® Ethyl infringed Novozymes’ patent. At that time, Danisco chose to withdraw the product from the market. The damage payment of DKK 45 – 50 million will have a positive effect on Novozymes’ EBIT and net result for 2007, provided the decision of the court is […]

Read More