Jury rules in favour of DSM in Lallemand intellectual property dispute

Royal DSM, a global science-based company active in health, nutrition and materials received unanimous jury verdict in a Federal Court in Wisconsin concluding that all glycerol reducing ethanol yeast products sold by Lallemand infringe DSM’s US Patent 8,795,998.

After several failed attempts between the parties to settle out of court, DSM filed suit against Lallemand for infringement of its patent in US Federal Court in Wisconsin. DSM alleged that Lallemand’s glycerol reducing yeast products including Transferm Yield+ and YP3 used in the production of ethanol infringes on DSM’s US 8,795,998 patent.

The jury concluded that the DSM patent is valid and is being infringed by Lallemand’s glycerol reducing yeast products.

We are happy with the outcome of the case. Our focus is to bring customers the latest in yeast technology allowing them to deliver the best fermentation results. Continual development and protecting this intellectual property is a key component of our strategy that supports our significant biofuel investments, said Atul Thakrar, President of DSM Bio-based Products & Services.

In a sperate statement, Lallemand said that while it very much respects the legal process, the company was “surprised by this outcome and will vigorously contest it in further court proceedings.” However, the company also pointed out that the jury had returned a verdict that Lallemand “did not willfully infringe on the DSM patent, concluding that Lallemand reasonably believed that it used its own intellectual property.”

A privately-held Canadian company, Lallemand Inc., through its Lallemand Biofuels & Distilled Spirits (LBDS) business unit, is a leading supplier of fermentation ingredients (yeast, yeast nutrients and antimicrobials) and value-creating services to biofuel producers.