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Martek Announces Settlement of Patent Dispute with Capsugel France

Thursday, September 17, 2009 General News J E 4
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COLUMBIA, Md., Sept. 10 DHA omega-3 innovator and maker of the life'sDHA(TM) brand, Martek Biosciences Corporation (Nasdaq: MATK), announced today it has resolved a patent dispute with Capsugel France. The resolution follows Martek's November 2008 action for infringement filed in the High Court of Strasbourg, France.

As a result of this settlement agreement between Martek and Capsugel France, Capsugel and all of its affiliates have agreed to purchase all of their algal DHA exclusively from Martek for the life of the patent in question. Additionally, Martek and Capsugel will develop a product containing Martek's algal DHA in Capsugel's proprietary Licaps(R) liquid-filled hard capsules.

This settlement agreement between Martek and Capsugel does not include Martek's action against Lonza Ltd AG, which continues.

Martek Biosciences Corporation (Nasdaq: MATK) is a leader in the innovation and development of DHA omega-3 products that promote health and wellness through every stage of life. The company produces life'sDHA, a sustainable and vegetarian source of DHA omega-3, for use in foods, beverages, infant formula, and supplements, and life'sARA(TM) (arachidonic acid), an omega-6 fatty acid, for use in infant formula and growing-up milks. For more information on Martek Biosciences, visit http://www.martek.com/. For a complete list of life'sDHA or life'sARA products, visit http://www.lifesdha.com/.

Sections of this release contain forward-looking statements. These statements are based upon numerous assumptions which Martek cannot control and involve risks and uncertainties that could cause actual results to differ. These statements should be understood in light of the risk factors set forth in the company's filings with the Securities and Exchange Commission, including, but not limited to, the company's Form 10-K for the fiscal year ended October 31, 2008 and other filed reports on Form 10-K, Form 10-K/A, Form 10-Q and Form 8-K.

Contact: Kyle Stults Investor Relations, Martek (410) 740-0081 investors@martek.com Cassie France-Kelly Public Relations, Martek (443) 542-2116 media@martek.com

SOURCE Martek Biosciences Corporation
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