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Health Care
DSM-Firmenich, a global leader in health and nutrition innovation, has secured a landmark legal victory in the protection of its patented algal oil technology. The UK High Court ruled in favor of the company, affirming that Mara Renewables Corporation and its UK subsidiary, Algal Omega-3, unlawfully infringed DSM-Firmenich’s intellectual property. This pivotal win reinforces DSM-Firmenich’s position as a pioneer in producing high-purity algal DHA oils, critical for sustainable nutrition.
The lawsuit centered around DSM-Firmenich’s patent protecting its proprietary technology for developing algal oil rich in docosahexaenoic acid (DHA), a vital omega-3 fatty acid. The infringement, spanning back to 2017, involved unauthorized use of DSM’s patented process, which allows for the creation of DHA triglyceride fractions exceeding 40 wt. %, ensuring exceptional purity and quality.
Francois Scheffler, Executive Vice President of Global Marketing and Business Development at DSM-Firmenich, expressed satisfaction with the decision. “This judgment confirms that our IP rights were unlawfully exploited. We will now pursue full recovery for the damages incurred while continuing to protect our innovations globally,” Scheffler stated.
DSM-Firmenich’s proprietary technology integrates cutting-edge biotechnology and downstream processing to produce sustainable DHA oils. With the increasing global demand for plant-based and sustainable health solutions, algal-sourced DHA oils are becoming indispensable in sectors such as infant formula, fortified foods, and dietary supplements.
James Young, Vice President of Early Life Nutrition at DSM-Firmenich, highlighted the broader implications of the verdict. “Innovation thrives when intellectual property rights are respected. This victory safeguards not only our advancements but also the quality and integrity of our customers’ products,” said Young. He emphasized that the ability to defend intellectual property strengthens DSM-Firmenich’s capacity to drive innovation in sustainable nutrition solutions.
This latest ruling builds on DSM-Firmenich's robust track record in defending its patents worldwide. In 2024, the company successfully thwarted Mara Renewables’ attempt to invalidate a similar patent in the United States. The United States Patent Trial and Appeal Board (PTAB) upheld DSM-Firmenich’s exclusive rights to its algal DHA oil technology, reinforcing the strength of its portfolio.
In addition to this UK success, DSM-Firmenich has also achieved favorable judgments in other jurisdictions, protecting innovations across the health and nutrition spectrum. For example, in China, the company won an infringement case related to its vitamin D3 technology, signaling its ongoing commitment to defending its intellectual property globally.
Sustainable nutrition is no longer a niche market but a critical industry trend. Algal-sourced DHA oils are especially important due to their eco-friendly production compared to fish oil alternatives. By utilizing advanced microbial fermentation processes, DSM-Firmenich not only reduces environmental impact but also produces high-purity oils free from common contaminants like mercury, often found in marine sources.
This technological edge ensures DSM-Firmenich’s competitive advantage in the rapidly evolving nutrition sector. The company continues to focus on next-generation solutions that address consumer demands for plant-based, sustainable, and health-enhancing products.
The UK High Court decision sends a clear message to companies operating in health and nutrition: intellectual property must be respected to ensure fair competition and foster innovation. The verdict also underscores the necessity for robust patent enforcement, particularly as sustainability becomes a key driver in product development.
DSM-Firmenich plans to leverage its strengthened legal standing to further expand its investment in cutting-edge nutritional solutions. “With this victory, we are more committed than ever to accelerating the development of sustainable nutrition technologies that benefit both people and the planet,” Scheffler stated.
Buoyed by its legal triumph, DSM-Firmenich is poised to capitalize on the burgeoning demand for DHA-rich oils in global markets. Its proprietary algal oil technology not only addresses a critical need for sustainable sourcing but also ensures consumers receive the highest standards of purity and efficacy. The company’s resilience in defending its intellectual property signals its long-term strategy of innovation-driven growth.
As DSM-Firmenich continues to advance its offerings, the outcome of this case positions it as a key player in the future of sustainable health solutions, ensuring its leadership in a competitive industry where innovation is paramount.