Item 7.01 Regulation FD Disclosure.

At a hearing held on June 11, 2009 before the Opposition Division of the European Patent Office ("EPO") in The Hague, Netherlands regarding Martek's arachidonic ("ARA") patent that was granted in 2007, the Opposition Division upheld the patent with narrower claims. Suntory, N.V. Nutricia and Cargill had each filed oppositions to the patent with the Opposition Division, however, N.V. Nutricia withdrew its opposition prior to this hearing. The claims were narrowed by adding a specified ratio of ARA to eicosapentaenoic acid, or EPA, in infant formula applications. The narrower claims cover the use of Martek's blended microbial oil products in infant formula, but do not cover microbial ARA when blended with certain fish oils in infant formula. Martek plans to appeal the decision to the Board of Appeals of the EPO. During the pendency of such an appeal, which will likely take between one and two years from the date the appeal is filed, the original claims of the patent will remain in full force and effect. In addition, Martek's pending European divisional patent applications may, if granted, offer additional protection similar to that previously provided by the broader original claims. Martek does not believe this decision will have a material adverse impact on its infant formula revenues.

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