The Technical Board of Appeal at the European Patent Office revoked Novozymes’ animal feed enzyme patent, European Patent 1,804,592 (EP '592), in its entirety throughout Europe on June 29.
The revocation restores the ability of Danisco to engage in commercial activities in Europe. The Novozymes’ patent that was revoked involves a process of manufacturing an animal feed composition by steam pelleting which contains salt-coated enzyme granules. The patent was originally revoked by the patent office's opposition division on July 7, 2011, but Novozymes appealed that decision to the Technical Board of Appeal. Novozymes had tried to enforce the EP'592 patent against Danisco in Denmark, the Netherlands, United Kingdom and Germany, but due to this revocation, it is now expected that those lawsuits will either be dismissed or withdrawn.
Danisco said that it will also seek compensation for the damage caused by a preliminary injunction originally obtained by Novozymes in Denmark.