CHINA – DSM–Firmenich has initiated legal action against China-based Anhui Shengda Bio-pharm Co and Zhejiang Shengda Bio-pharm – a biotin manufacturer and supplier, collectively referred to as Shengda- for patent infringement.
The recently merged nutrition leader accuses Shengda of unlawfully using its patented technology. It has petitioned the Anhui Province China court to order Shengda to pay compensation and stop using the technology.
Recently, DSM and Firmenich announced they have completed their ‘merger of equals’ and appointed Dimitri de Vreeze as CEO of the enlarged business company, DSM-Firmenich to strengthen their footprint in nutrition, beauty, and well-being.
DSM is a global science-based company in health, nutrition, and biosciences with solutions for animal nutrition, human nutrition & care, and food & beverage, while Firmenich is a private Swiss company in the fragrance and flavor business with 46 manufacturing plants and six research and development centers.
According to DSM-Firmenich, the company developed the underlying technology for biotin intermediate production and works diligently to protect its innovations.
The company developed the technology for intermediate biotin production and recently received compensation and an injunction from another Chinese biotin manufacturer. The validity of the patent remains before the Supreme People’s Court of China.
“DSM-Firmenich’s biotin production technology is at the forefront of the industry in terms of quality and efficacy standards,” said Kelsey Achenbach, senior director of pharma and medical nutrition at DSM-Firmenich.
She, therefore, expressed content that this litigation action will help protect their cutting-edge technologies and ensure we can continue to invest in biotin innovation.
In January, Royal DSM filed a lawsuit against the Mara Renewables Corporation and Algal Omega-3 LTD, alleging unlawful use of the company’s algae-based docosahexaenoic acid innovations in the UK.
A few months later, in April, the two companies filed a counterclaim against Royal DSM. The companies also challenged DSM’s microbial oil purification and fermentation patents with the European Patent Office.
During the ruling, the counterclaim argued that the patents from DSM’s original claim should not have been eligible for a patent in the first place, asserting that they are “invalid, including for lack of novelty, obviousness, insufficiency, added matter and, or for claiming non-patentable subject matter.”
However, DSM took similar legal action in China in 2021 and won a court victory after two companies were found to be making a biotin intermediate with a patented DSM process.