VTT Contests The Every Co Patent at European Patent Office

Key Takeaways

VTT Technical Research Centre of Finland has challenged a patent by The Every Co regarding ovalbumin production through precision fermentation.
Onego Bio, a spin-off of VTT, is suing The Every Co in the US for patent invalidation, claiming the technology was publicly known before the patent was filed.
The dispute highlights ongoing challenges in the alternative protein sector regarding intellectual property rights.

Patent Dispute Overview

The VTT Technical Research Centre of Finland has raised significant concerns regarding a patent filed by The Every Co at the European Patent Office (EPO). This challenge comes amid Onego Bio’s legal action against The Every Co in the United States. The patent at the center of this dispute (EP 4017287) concerns the production of ovalbumin, the primary protein found in egg whites, achieved through precision fermentation methods.

The Every Co utilizes a genetically engineered strain of yeast for its ovalbumin production, while the disputed patent also allows for production in various microbial hosts. This situation poses potential conflicts with other entities using fungal or bacterial systems. In 2022, VTT launched Onego Bio to advance ovalbumin creation using the fungus Trichoderma reesei and has now initiated large-scale production efforts in Wisconsin.

Onego Bio is contesting The Every Co’s US patent 12,096,784. The lawsuit asserts that the patent is “invalid and unenforceable.” VTT contends that the techniques for producing ovalbumin from Trichoderma reesei were already public knowledge before The Every Co submitted its patent application in 2020.

In its opposition to the patent, VTT claims that the patent claims only pertain to ovalbumin derived from yeast strains, emphasizing that its own research on Trichoderma reesei was extensively documented in public presentations between 2016 and 2019. Notably, Dr. Dilek Ercili-Cura from VTT discussed the recombinant expression of ovalbumin in this fungus at a prominent IFT show in New Orleans in June 2019.

At present, The Every Co has not commented on the challenges to its patent or the ongoing lawsuit. Patent disputes at the EPO typically involve a panel of three examiners who assess both parties’ written arguments, and oral proceedings may also occur. The outcome could result in the patent being revoked, maintained as is, or amended, with the patent holder retaining the right to appeal the decision.

This latest intellectual property dispute comes on the heels of other notable battles in the alternative protein industry. Companies have grappled with patent complexities that hinder their market strategies, such as Impossible Foods’ conflict over heme proteins and The Better Meat Co’s issues with mycoprotein production.

Onego Bio’s court filings indicate that The Every Co has requested “unwarranted patent licensing fees” and has attempted to interfere with Onego’s potential partnerships. They argue that The Every Co’s actions demonstrate a desire to exploit Onego’s successful technology through unreasonable merger offers.

Founded in late 2014 as Clara Foods, The Every Co, based in South San Francisco, offers products like “OvoPro,” designed to replicate egg functionalities, and “OvoBoost,” a protein for beverages. The company has raised $233 million and is striving for profitable operations as it scales its manufacturing processes.

Meanwhile, Onego Bio, which arose as a spinoff from VTT, is also making strides in the market by focusing on ovalbumin production (branded as Bioalbumen) and aims to secure its own foothold in the rapidly evolving alternative protein landscape. With $75 million raised and plans for large-scale operations in Jefferson County, Wisconsin, Onego Bio’s future endeavors will be closely watched as this legal battle unfolds.

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