In a previous post, I discussed Novozymes’ patent infringement complaint against CTE Global in which the Danish biopharmaceutical company accused the Illinois enzyme distributor of infringing U.S. Patent Nos. 6,255,084 (‘084 Patent) and 7,060,468 (‘468 Patent).
The ‘084 and ‘468 Patents are entitled “Thermostable glucoamylase” and are directed to an isolated glucoamylase enzyme which has higher thermal stability than prior glucoamylases. The patents also claim starch conversion processes using the enzyme. Glucoamylases are used to convert hydrolyzed corn starch to glucose, particularly in production of ethanol.
The parties recently settled the case and the court entered a Consent Judgment and Permanent Injunction ending the lawsuit.
Per the Settlement Agreement and as reflected in the court’s order, CTE acknowledged distributing and selling the accused products and infringing the patents-in-suit:
4. CTE acknowledges that it has distributed and sold in the United States glucoamylase products designated GLUCOAMYL L 706+ and GLUCOAMYL LG20 (hereinafter referred to as the “Glucoamylase Products”), and that at least some of the Glucoamylase Products distributed and sold in the United States by CTE contained a glucoamylase enzyme having the amino acid sequence attached to this Consent Judgment as Exhibit A (hereinafter referred to as the “Accused Products”).
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7. CTE acknowledges that it has infringed the Patents-In-Suit by importing the Accused Products into the United States and by using, offering to sell and selling the Accused Products within the United States.
The court order imposes a permanent injunction prohibiting CTE from making, using, selling, offering to sell and importing into the U.S. the Accused Products.
Novozymes has had previous success in major green patent litigation, winning an $18 million infringement verdict against rival Danisco.