What's Happening?
Onego Bio, a startup specializing in egg protein production through precision fermentation, has filed a lawsuit against The Every Company in a Wisconsin district court. The legal action seeks to invalidate a patent held by The Every Co, which Onego Bio claims is being used to demand unwarranted patent licensing fees. The lawsuit alleges that The Every Co has engaged in tortious interference by informing third parties that Onego Bio requires a patent license to avoid infringement. Onego Bio argues that The Every Co's patent, US patent No. 12,096,784, is invalid and unenforceable, accusing the company of fraud in obtaining the patent. The dispute centers around the production of ovalbumin, a primary protein in egg whites, using different fermentation hosts. Onego Bio uses the fungus Trichoderma reesei, while The Every Co uses yeast. The lawsuit claims that The Every Co's patent attempts to cover both methods, despite lacking specific instructions for the fungal method.
Why It's Important?
This legal battle highlights the competitive nature of the alternative protein industry, which is rapidly growing as companies seek to develop sustainable food sources. The outcome of this case could have significant implications for intellectual property rights within the industry, potentially affecting how companies protect and leverage their technological innovations. If Onego Bio succeeds, it may set a precedent for challenging patents perceived as overly broad or improperly granted, impacting how startups and established companies navigate patent law. The case also underscores the importance of clear and enforceable patents in fostering innovation and competition in the food technology sector.
What's Next?
The court's decision on the validity and enforceability of The Every Co's patent will be crucial. If the patent is invalidated, it could open the door for other companies to use similar technologies without fear of legal repercussions. Conversely, if the patent is upheld, Onego Bio may need to seek alternative methods or negotiate licensing agreements. The case may also prompt other companies in the industry to reassess their patent strategies and the robustness of their intellectual property portfolios.
