Jennewein Biotechnologie GmbH filed a patent infringement suit with the regional court in Mannheim on January 09, 2020 against Nestlé Nutrition GmbH and its holding company Nestlé Deutschland AG. Nestlé offers its infant formula Beba Supreme which contains two human milk oligosaccharides – unique saccharides naturally occurring in human breast milk only – for sale in Germany. Pursuant to the findings of Jennewein Biotechnologie, Nestlé uses human milk oligosaccharides for the manufacturing of its infant formula that are produced by a process being protected - among other IP rights - by European Patents EP 2 896 628 and EP 3 131 912 (start of protection: January 22, 2020) which are thus infringed by Nestlé.
As Nestlé offers its infant food containing human milk oligosaccharides not just in Germany, Jennewein currently investigates measures against the assumed infringement of its corresponding foreign patents by the manufacturing of products such as Illuma, SMA, NAN and Gerber Good Start.
Human milk oligosaccharides (HMOs) are complex sugar molecules that are only present in breast milk. Excluding water, they are the third most abundant constituent of human milk after fats and lactose. More than 200 structurally different HMOs have been identified. The most abundant HMO is 2′-fucosyllactose, which is produced by about 80% of all lactating mothers at concentrations of up to 3 g/L. Scientific studies have shown that HMOs, and 2′‑fucosyllactose in particular, have a positive impact on infant health and development. HMOs are prebiotics, i.e. they specifically promote the growth of beneficial microorganisms, and at the same time they inhibit the growth of pathogens by directly and indirectly preventing colonisation. Jennewein Biotechnologie launched 2′-fucosyllactose onto the global baby food market in 2015, and several infant milk formulas around the world now contain 2′-fucosyllactose (e.g. Abbott Similac).
About Jennewein Biotechnologie:
Jennewein Biotechnologie is a leading international industrial biotechnology company with a range of products in the field of complex oligosaccharides (HMOs) and rare monosaccharides. The company manufactures an extensive portfolio of innovative HMO products, such as 2′‑fucosyllactose, 3-fucosyllactose and lacto-N-tetraose. These rare sugars are used in the food industry (particularly infant milk formulas), the pharmaceutical industry, and the cosmetic industry. The manufacturing process involves state-of-the-art fermentation techniques. In 2015, the US Food and Drug Administration (FDA) granted Jennewein Biotechnologie a license to market 2′-fucosyllactose in the USA. This was followed in 2017 by The European Food Safety Authority (EFSA) under the Novel Food Regulation.
Dr. Bettina Gutierrez
Phone: +49 2224 98810 797