Legal Battle Intensifies Between Onego Bio and The Every Company Over Egg Protein Patent

Onego Bio, a pioneering startup specializing in egg proteins through precision fermentation, has initiated legal proceedings aimed at invalidating a critical patent held by its competitor, The Every Company.

Accusations of Unwarranted Demands

The dispute escalated when Onego Bio alleged that The Every Company has been demanding “unwarranted patent licensing fees.” Furthermore, Onego accuses Every of engaging in tortious interference by informing third parties—among them potential investors—that “Onego must obtain a patent license from Every to avoid infringing on its patents.”

In a detailed legal filing submitted to a district court in Wisconsin, where Onego plans to establish a commercial-scale facility, the startup asserts, “Not only has Every attempted to extort unwarranted patent license fees, but it has also perpetrated acts that constitute fraud in acquiring the ’784 patent.” This assertion raises serious concerns regarding the integrity of the patent issuance process.

Proposed Merger and Patent Invalidity Claims

According to Onego’s claims, the demands made by The Every Company for resolution have been seen as “objectively unreasonable.” They included a suggestion for a merger with Onego at a significantly devalued price, reinforcing suspicions that Every’s true interest lies in Onego’s technology rather than in a genuine partnership.

In light of these claims, the legal complaint requests a declaratory judgment asserting that The Every Co’s ‘784 patent is invalid, unenforceable, and that there is no infringement from Onego Bio.

Technical Insights on Patent Claims

Both companies focus on the production of ovalbumin—the primary protein found in egg whites—via fermentation. Notably, The Every Co employs yeast (specifically Komagataella phaffii), whereas Onego Bio utilizes fungus (Trichoderma reesei) for its production processes.

Onego Bio argues that Every’s ‘784 patent “ostensibly attempts to cover the use of both” production hosts, alleging that techniques for using Trichoderma to produce recombinant ovalbumin were first developed by the Finnish technical research center VTT, a foundational entity from which Onego Bio was established in 2022.

The Controversy Surrounding the Patent

In a press release last year, The Every Company labeled the patent as “foundational,” asserting that its scope spanned production methods utilizing a variety of yeast and fungal systems such as Pichia, Trichoderma, Saccharomyces, and Aspergillus.

However, Onego’s legal filing contends that “Every has never indicated that it successfully produced protein using fungus before the earliest priority date of the ’784 patent,” suggesting that Every only sought technical guidance from VTT on how to achieve this.

Onego’s documentation highlights that “Every has attempted to patent technologies already known to VTT prior to the claimed priority date of July 11, 2019.” They further assert that the patent application lacked substantive review, failing to address methods of producing ovalbumin from Trichoderma reesei.

The Companies in Focus

The Every Company, headquartered in South San Francisco and founded in late 2014 as Clara Foods, boasts two primary offerings: ‘OvoPro’​ and OvoBoost—both of which effectively replace the functionality of traditional eggs in various applications. To date, Every has raised approximately $233 million and anticipates achieving profitable unit economics in the coming year, as they expand their manufacturing capabilities.

Conversely, Onego Bio, launched in Finland in 2022 as a spin-off from VTT, has its sights set on ovalbumin production, branded under the name Bioalbumen. The company has managed to secure $75 million in funding and is currently establishing a manufacturing facility in Jefferson County, Wisconsin.

Conclusion

This lawsuit, filed under case number 3:25-cv-00761 in the US District Court for the Western District of Wisconsin, signals a significant turning point in the competitive landscape of alternative protein sources. Both companies are vying for a crucial stake in the burgeoning market for animal-free egg proteins, and this legal conflict will undoubtedly shape their futures.

Further Reading

🎥 How to protect your IP on a budget: A primer for foodtech startups
🎥 Onego Bio eyes Wisconsin site for chicken-free egg production, files GRAS notice
🎥 The EVERY Co on egg proteins… without chickens: ‘Next year, we will have profitable unit economics’