US judge rules Jennewein infringed Glycosyn’s patented HMO technology

International Trade Commission Administrative law judge Cameron Elliot has ruled that Jennewein Biotechnologie infringed Glycosyn’s patented human milk oligosaccharides (HMOs) technology.

US-based HMOs maker Glycosyn has won the initial determination against Jennewein.

Elliot said that Jennewein infringed on US Patent No 9,970,018 owned by Glycosyn.

Patent’018 is related to the methods of making HMOs such as 2’‑fucosyllactose (2ʹ-FL). Elliot said that Jennewein couldn’t produce any proof that the claim on the patent was not true.

The complaint registered by Glycosyn alleged that the Food and Drug Administration (FDA) submission by Jennewein trespassed on the patent ‘018, which included the production and sale of some HMOs.

Glycosyn claimed that Jennewein used a ‘bioengineered bacterial strain’ that violated the company’s patented inventions.

As per the initial determination, infringement had taken place in 13 of 14 asserted claims by Glycosyn.

Glycosyn CEO John Garrett said: “We are pleased with Judge Elliot’s initial determination, which validates the strength of the patent portfolio protecting Glycosyn’s technology.

“Glycosyn has made substantial investments in researching and developing ways to efficiently and effectively produce human milk oligosaccharides. We remain committed to defending our intellectual property and will continue to assert our rights against companies that infringe on our patented technology.”

2ʹ-FL HMO is a kind of milk sugar found in human breast milk. This sugar is added to infant formulae.

The judge’s decision is subject to a final review by the commission, which is expected to provide its final review and remedy by December.