dsm-firmenich successfully defends patent directed to proprietary DHA oils in US

30 Jan 2024 --- Nutrition, health and beauty innovator dsm-firmenich won its patent defense of its proprietary docosahexaenoic acid (DHA) oils following an inter partes review and cancellation request by Mara Renewables Corporation.

The United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) rejected the premise of the invalidation action on US Patent No 10,392,578, which protects specific dsm-firmenich innovations in providing nutritional lipids rich in DHA omega-3 derived from algal sources.

“We are pleased, but not surprised, that the PTAB has recognized our strength and commitment to innovation by upholding our patent, which underscores our position as a technology leader in microbial lipids,” James Young, vice president of Early Life Nutrition at dsm-firmenich tells Nutrition Insight.

“We invest significantly in innovation on all aspects related to the algal lipid production, including, but not limited to strain development, fermentation, extraction, downstream processing, and applications to help our customers to overcome common compliance and consumption issues.”

Microbial lipids
The compositions described and claimed in US10392578 are oxidatively stable extracted microbial lipids with high DHA levels. The PTAB’s refusal to review the patent’s validity allows dsm-firmenich to retain its exclusive rights in the US to its microbial lipid compositions with DHA triglyceride fractions of 40 weight percentage or higher.

The PTAB concluded that “there was no reasonable likelihood that petitioner Mara Renewables would prevail in successfully invalidating a claim of the challenged patent.”

The decision reinforces the validity of dsm-firmenich’s patent in the US and builds on favorable decisions and opinions taken by the European Patent Office recently about related patents claiming similar technology in Europe.

Young explains: “Microbial lipids are lipids produced by microorganisms, including bacteria, fungi, and algae. The microbial lipid composition described and claimed in the patent refers to omega-3 fatty acid rich oils sourced from algae.”

“It’s important to note that the body does not efficiently produce the essential omega-3 fatty acids eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA) on its own, so it must be obtained through the diet or supplements.”

Omega-3 fatty acids, especially DHA are found in very few food sources, mainly seafood leading to low intakes in many populations. Algal derived omega-3 fatty acids are a more environmentally sustainable alternative to fish oils and are less prone to environmental contaminants. Marine derived omega-3 fatty acids offer health benefits across the lifespan.

“During pregnancy, DHA is important for fetal brain and eye development and supplementation reduces the risk of preterm birth. DHA supplementation during lactation helps to improve breastmilk omega-3 fatty acid levels which is important for infant cognitive development,” says Young.

“DHA is commonly added to infant formulas, and it is a mandatory ingredient in the EU. Infant formulas with algal oils from dsm-firmenich have been clinically shown to positively impact cognitive outcomes up to 9 years of age. Beyond infancy and throughout the lifespan, omega-3 fatty acids are known for their anti-inflammatory, cardiac health, eye health and brain health benefits.”

Innovation status
In late 2023, dsm-firmenich launched a new generation of starter cultures for very mild yogurts. Its new product, DelvoFresh Pioneer, enables improved pH stability during processing and throughout shelf life, ensuring consistent mildness and indulgence for consumers, with cold storage of up to 60 days.

Meanwhile, the B2B sector is developing plant-based sources of omega-3 to ensure environmentally sustainable sources of these fatty acids. In line with this, the European Commission authorized DSM’s (now dsm-firmenich) plant-based omega-3 solution for fish and meat alternatives.

The company presented its latest strides in gut support, women’s wellness and cognitive performance innovations at Supplyside West in Las Vegas, US, 2023, coined “bringing progress to life.”

In addition, human milk oligosaccharides (HMOs) as an ingredient in baby and toddler products saw a remarkable increase from 2018 to 2022. The majority of these launches consisted of baby formula and milk. We spoke with James Young, the vice president of early life nutrition at dsm-firmenich, about the upcoming developments in the HMO space, the company’s vision for the ingredient’s future and what makes HMOs important.

By Inga de Jong

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