CHINA- DSM-Firmenich has initiated legal action for patent infringement against Shandong Haineng Bioengineering only weeks after taking similar measures against China-based Anhui Shengda Bio-pharm Co and Zhejiang Shengda Bio-pharm – a biotin manufacturer and supplier collectively referred to as Shengda.
The recently merged nutrition specialist took action against Shandong Haineng Bioengineering Co. Ltd., alleging that certain Haineng swine compound premix containing 25-hydroxyvitamin D3 constitutes unlawful use of DSM-Firmenich’s patented technology.
The petition filed asks the court to order Haineng to cease using DSM-Firmenich’s patented technology and pay compensation for the infringement.
“As a lead innovator in the 25-hydroxyvitamin D3 area, we hold and have been expanding a comprehensive patent portfolio throughout the value chain. From the manufacturing of crystalline 25-hydroxyvitamin D3, its formulations, and its applications, the DSM-Firmenich patent portfolio protects the exhaustive scientific research and development that has gone into both our innovative technologies and business,” said Christie Chavis, head of performance solutions + Biomin at DSM-Firmenich.
It is not the first time DSM has taken similar measures and succeeded. In 2021, the company enforced the same patent against another Chinese biotin manufacturer, achieving an injunction and compensation.
The Chinese Supreme People’s Court sided with the animal and human ingredients manufacturer, ordering Tiger, a subsidiary of BBCA Group, to stop making a biotin intermediate using that patented technology or biotin from that intermediate.
The newly merged company’s latest petition against Shengda remains unresolved, and DSM-Firmenich has petitioned the court in Anhui Province, China, to order Shengda to cease using the patented technology and pay compensation for the infringement.
“We actively enforce patents against infringement to support and continue to invest in much-needed scientific innovation to bring advancements in sustainability, health, and nutrition to the animal industry,” Chavis added concerning the current petition.
The company, however, refrained from further comments concerning the possible outcome of the filed petition or an approximate amount of the resultant compensation.
“It is our company’s policy to refrain from providing details or statements related to ongoing legal proceedings. This approach is in line with our commitment to maintaining the integrity of the legal process and respecting the confidentiality requirements surrounding such matters,” explained a spokesperson for the company.