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12.09.2019 Administrative Law Judge issues ruling in patent dispute 2′-FL production and beta-galactosidase activity

On September 09, 2019, Administrative Law Judge Cameron Elliot of the US International Trade Commission issued an Initial Determination finding that one of the bacterial strains used by Jennewein Biotechnologie to make 2’-fucosyllactose (2’-FL) infringes a patent owned by Glycosyn LLC.In the ITC Investigation, Complainant Glycosyn initially asserted two separate patents and a total of 68 patent claims. After factual discovery, Glycosyn withdrew one of the patents in its entirety and limited the other patent to 14 patent claims.

Jennewein intends to appeal the ALJ’s Initial Determination, which is subject to review by the entire Commission. According to President and CEO Stefan Jennewein, “We are disappointed in the ALJ’s Initial Determination but continue to firmly believe that our process does not infringe any of Glycosyn’s patent claims. We intend to appealing the decision to the entire Commission.” Jennewein
has already made arrangements for the use of alternative strains lacking inducible beta-galactosidase activity to ensure that it will be able to continue to provide 2’-FL to its customers in the United States without any interruption. Says Mr. Jennewein,“Our company was the first to market 2’-FL in the United States and the first to obtain GRAS approval from the FDA, and we will continue to lead the way in bringing new and innovative human milk oligosaccharide products such as 2’-FL to the market for use in human infant formula and other products in the U.S. and globally.”