Glycosyn's complaint alleged that Jennewein' submission to the Food and Drug Administration (FDA) showed that it infringed the claims of Glycosyn's patent by producing and selling for importation certain HMOs. One of the most important HMOs is 2'-FL, a type of milk sugar present in human breast milk, but not cow's milk, from which most conventional infant formula is made. This HMO is an ingredient that is now added to several infant formula products. 2'-FL supplemented infant formula more closely resembles mother's milk and confers health benefits to babies such as promoting establishment of a healthy gut microbiome, prevention of disease, and development of immune function in early life.
Glycosyn's complaint contended that Jennewein was using a bioengineered bacterial strain that infringed Glycosyn's patented inventions. Infringement was found to have taken place, according to the Initial Determination, in 13 of 14 of Glycosyn's asserted claims. The matter is ITC Section 337 Investigation No. 1120.
We are pleased with Judge Elliot's initial determination, which validates the strength of the patent portfolio protecting Glycosyn's technology, said John Garrett, co-CEO of Glycosyn. 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.
Judge Elliot's decision is subject to final review by the International Trade Commission. A final determination on the violation and remedy is expected from the Commission by December, 2019.