BioProgress has started legal proceedings against Stanelco Fibre Optics alleging ownership of several patents related to processes used in gelatine-free encapsulation.
A subsidiary of the encapsulation company, BioProgress Technology, is claiming entitlement to patents and patent applications assigned to Stanelco that relate to processes for encapsulation by gelatine-free polymeric materials, and claims that these processes were invented by BioProgress in 1998.
Earlier this year, Stanelco made a foray into the gelatine-free encapsulation business with the acquisition of Adept Polymers. This brought in a polymer film technology that, alongside Stanelco's radio frequency sealing technology, could be used to replace a number of wet film processes used in the manufacture of encapsulated liquid detergents.
However, Stanelco also has designs on the healthcare market and in partnership with Cardinal Health is involved in the development of non-gelatine encapsulation processes for pharmaceuticals and vitamin supplements. And this strikes at the heart of BioProgress' territory.
In its legal proceedings, BioProgress is applying to secure ownership of the disputed patents. Although the company stressed that they did not have any bearing on its existing commercialised pharmaceutical dosage forms - NROBE (set to be sold to FMC BioPolymer), TABWRAP and SEPTUM - the suggestion is that patent infringement problems may arise in the future.
"During the process of developing our capsule technology we explored a number of capsule sealing options including laser and radio frequency," said Graham Hind, BioProgress' chief executive. The patents which are the subject of these proceedings have significant value in the development of additional new processes and dosage forms, he added.