The
European Patent Office EPO revoked the patent, which covers the technology used to coat an enzyme used for animal feed, according to a statement on the Munich-based agency.
Novozymes, which was awarded the patent in 2009, last month won an injunction against one of
Danisco’s products in a Dutch court based on the EPO’s patent.
“Danisco has strongly maintained that the patent is invalid and that Danisco’s products do not infringe,” Soonhee Jang, Danisco’s chief intellectual property counsel, said in an e-mail to Bloomberg. “We are gratified and very pleased with this decision.”
Novozymes has appealed against the office’s decision and the patent will stand as granted until the EPO’s board decides on the challenge, said Annegrethe Jakobsen, a spokeswoman for the Bagsvaerd, Denmark-based company. “We still have a strong confidence in the validity of the patent,” Jakobsen said by e-mail.
The two companies are also locked in a US patent court case on an enzyme used in biofuel production.