VTT and Onego Bio Challenge The Every Co’s Ovalbumin Patent

The VTT Technical Research Centre of Finland has taken a significant step by challenging a critical patent affiliated with The Every Co at the European Patent Office. This legal action comes in the wake of VTT’s spinoff, Onego Bio, pursuing a lawsuit against The Every Co in U.S. courts.

IP Dispute Overview

The intellectual property (IP) under scrutiny pertains to the production of ovalbumin, the predominant protein found in egg whites, via precision fermentation methods. The Every Co utilizes a genetically engineered yeast strain for ovalbumin production, but the disputed patent, EP 4017287, extends its coverage to include other microbial hosts, thus creating conflicts with competitors employing fungal or bacterial hosts.

Onego Bio’s Approach

Onego Bio, established in 2022 and specializing in ovalbumin production using the fungus Trichoderma reesei, is in the process of launching large-scale production facilities in Wisconsin. The company has initiated steps to invalidate Every’s U.S. patent 12,096,784, filing a lawsuit this week alleging that the patent is “invalid and unenforceable.”

VTT’s Claims Against The Every Co

VTT contends that the technology for producing ovalbumin in Trichoderma was publicly available before The Every Co’s patent filing. They argue that the patent only describes the production of modified ovalbumin in Pichia pastoris (a type of yeast) and does not apply to other host organisms.

In their submission to the European Patent Office, VTT emphasized that their previous presentations between 2016 and 2019 publicly disclosed the engineering of Trichoderma reesei for ovalbumin production. Notably, in June 2019, VTT’s Dr. Dilek Ercili-Cura presented this research at a conference in New Orleans, attended by hundreds.

Legal Proceedings and Next Steps

Legal disputes involving patents at the EPO are typically managed by a panel of three examiners, where parties exchange written arguments and present evidence. Oral proceedings may also take place, leading to a decision to either revoke, maintain, or amend the patent. The patent holder retains the right to appeal the decision.

Industry Implications

This ongoing dispute mirrors a series of high-profile intellectual property battles in the alternative protein industry. As companies navigate the complexities of IP, having clear ownership of innovations is crucial for securing both customers and investors. Notable past disputes include those between Impossible Foods and Motif Foodworks, as well as The Better Meat Co and Meati Foods.

Statements from Onego Bio

Onego Bio has not publicly commented on the recent developments but claimed in court filings that The Every Co sought “unwarranted patent licensing fees.” The company has accused Every of tortious interference by suggesting to third parties that Onego requires a patent license to avoid infringement. Additionally, Onego asserts that Every’s demands have been unreasonable, including a proposed merger at a devalued rate, highlighting an interest in Onego’s successful technology.

About The Companies

The Every Co, based in South San Francisco, was founded by Arturo Elizondo and David Anchel in 2014. Their main products include “OvoPro,” which serves as a functional substitute for egg whites, and “OvoBoost,” a protein bio-identical to ovomucoid, suitable for beverage add-ins. The Every Co has raised $233 million and is striving for profitability as it scales manufacturing.

On the other hand, Onego Bio, which focuses on producing ovalbumin branded as Bioalbumen, was founded in Finland in 2022. The company has raised $75 million and is currently establishing its production facilities in Jefferson County, Wisconsin.

Conclusion and Call to Action

The complexities of this case highlight the challenges faced by innovators in the rapidly evolving field of alternative proteins. As the market for egg alternatives expands, the outcomes of these legal disputes will undoubtedly shape the future landscape of food technology.

Further Reading:

‘Objectively unreasonable’: Onego Bio slams The Every Co in high-stakes patent fight

How to protect your IP on a budget: A primer for food tech startups

Onego Bio eyes Wisconsin site for chicken-free egg production, files GRAS notice