Delaware Court Resolves Litigation Between Onego Bio and EVERY, Finding EVERY Has Made No Patent Infringement Claim Against Onego Bio
Onego Bio welcomes clarity as U.S. sales of Bioalbumen® grow
SAN DIEGO, California, October 11, 2026. Onego Bio welcomes the October 9 decision of the U.S. District Court for the District of Delaware, which found no patent dispute between Onego and The EVERY Company. With the case dismissed, there is no pending litigation between the two companies. The Court found that EVERY "never singled-out the '784 Patent or accused Onego of infringing it," and "never took that sort of affirmative step to suggest that it was going to sue Onego or otherwise assert the '784 Patent against it."
Onego sought a declaratory judgment as a careful, precautionary step. EVERY's broad statements about the reach of its patent risked creating uncertainty not only for Onego, but for customers and the wider precision fermentation industry. The Court, however, found that EVERY's reported statements to investors, even if made, were "forms of puffing rather than actual threats." It also noted that EVERY "touted" its patent portfolio while declining to say how any of its patents would apply to Onego. Onego's Trichoderma technology is fundamentally different, and EVERY's patent does not disclose how to make ovalbumin that way.
"We took proactive steps to protect technology built over decades of research at VTT, and to enable a fair marketplace where companies compete with products, prices and availability. We welcome the decision that there is no infringement claim against Onego, no challenge to our freedom to operate, and no litigation between us anymore”, said Maija Itkonen, CEO and Co-founder of Onego Bio. “Our team is busy shipping metric tons of Bioalbumen® and selling to U.S. customers, and the response has been incredible. Our focus is on commercialization, which I’m sure is what EVERY is focused on too. We respect what they have built over 12 years. There is room for more than one strong company in this category, and customers benefit from having a choice, because true competition will grow the market.”
Outside the U.S., patent offices have examined applications in the same patent family. The Japan Patent Office and the Korean Intellectual Property Office have rejected EVERY's counterpart applications. The Mexican Institute of Industrial Property has raised objections to all pending claims, and the European Patent Office has issued a preliminary opinion that EVERY's European patent claims contain added subject matter, which is a ground for revocation. Onego will continue to follow these proceedings in the interest of a fair, competitive industry. Built on its VTT heritage, Onego has a strong IP position, and to date no one has challenged it.
