Court Dismissed Patent Suit Against The EVERY Company
A Delaware federal court ended the precision-fermentation patent dispute, finding no basis for legal claims.
Updated on Oct. 13, 2026 in Biotech
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A federal court in Delaware has dismissed a patent lawsuit filed by Onego Bio against The EVERY Company regarding ovalbumin production. The court concluded that The EVERY Company had not issued legal threats, characterizing their past statements as commercial puffery.
Why it matters
The decision ends a significant legal dispute between two companies competing in the precision-fermented protein sector. It highlights the high threshold for firms to initiate declaratory judgment actions over patent infringement in the absence of direct litigation threats.
The dispute centered on US Patent No. 12,096,784, a point of contention that remains active in foreign jurisdictions including Japan, Korea, Mexico, and Europe. While Onego Bio produces ovalbumin using the fungus Trichoderma reesei, The EVERY Company utilizes yeast.
The players
Onego Bio
A food-tech company using Trichoderma reesei to produce animal-free egg protein.
The EVERY Company
A startup founded in 2014 that uses yeast for protein production.
The details
Onego Bio sought a declaratory judgment to establish non-infringement and invalidate the '784 patent, which relates to precision-fermented ovalbumin production. The court found that The EVERY Company did not take affirmative steps to threaten litigation, rendering the suit premature. Precision fermentation is a process that uses microorganisms to produce specific proteins normally derived from animals.
Timeline
September 2025: Onego Bio filed the lawsuit in Delaware.
May 2026: A parallel patent lawsuit in Wisconsin was dismissed.
October 13, 2026: The Delaware court dismissed the lawsuit.
The Tech Race
This decision follows the precedent set by the Wisconsin court, which dismissed a parallel case in May 2026. The outcome concludes domestic litigation for these firms while Onego Bio continues to navigate ongoing patent proceedings in Japan, Korea, Mexico, and Europe.
Onego Bio remains active in the U.S. market, continuing to sell its Bioalbumen protein to customers. The company is currently planning a new production facility in Jefferson County, Wisconsin.
The takeaway
The court's dismissal reinforces the difficulty of preemptive patent litigation without explicit threats. Observers should track Onego Bio's ongoing patent proceedings in Japan, Korea, Mexico, and Europe to see if international courts reach different conclusions regarding the '784 patent.
Further reading
Learn more about the evolving landscape of cellular agriculture in the Biotech section.
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