Fed. Circ. Upholds ITC Infringement Finding On Milk Patent

By Adam Lidgett (September 17, 2021, 6:30 PM EDT) -- The Federal Circuit on Friday upheld the U.S. International Trade Commission's finding that a pair of bacteria strains used by German-based Jennewein infringed a Glycosyn milk patent.

A three-judge appellate panel rejected challenges from Jennewein Biotechnologie GmbH, which is now part of Chr. Hansen Holding, against the ITC's claim construction and its finding that the strains infringed.

The panel found that there was enough evidence backing the ITC's finding that the two strains at issue met various limitations — or elements — laid out in the patent-at-issue: U.S. Patent No. 9,970,018.

The dispute started when Massachusetts-based Glycosyn claimed at the ITC...

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