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A US federal court has dismissed a lawsuit brought by precision fermentation company Onego Bio against The Every Company, bringing an end to the latest legal dispute between the two companies over patents covering the production of ovalbumin.
The companies are among a growing number of businesses developing animal-free egg proteins using precision fermentation, a technology that uses microorganisms to produce specific proteins without relying on conventional egg production.
The US District Court for the District of Delaware ruled that Every had not made a patent infringement claim against Onego Bio and declined to issue the declaratory judgment sought by Onego.
The court did not rule on the validity of Every’s US Patent No. 12,096,784, nor did it determine whether Onego Bio infringes the patent.
The dispute centres on the production of ovalbumin, the primary protein found in egg white, through precision fermentation. Every produces ovalbumin using yeast, while Onego Bio uses the filamentous fungus Trichoderma reesei.
Onego, a spin-out of Finland’s VTT Technical Research Centre, filed the lawsuit in September 2025 seeking a declaration that its technology did not infringe Every’s patent. It also argued that the patent was invalid and unenforceable.
Onego had argued that statements made by Every to investors created uncertainty over whether it could face an infringement claim and that the company had indicated Onego would need a licence to use its technology.
However, the Delaware court found that Every had not taken an affirmative step indicating that it intended to sue Onego or assert the ’784 patent against it.
According to Onego, the court stated that Every had “never singled-out the ’784 Patent or accused Onego of infringing it”.
The court also characterised Every’s reported statements to investors, even if they had been made, as “forms of puffing rather than actual threats”.
Onego said it had sought the declaratory judgment as a precautionary measure to protect technology developed through decades of research at VTT and provide greater certainty for customers and companies operating in the precision fermentation sector.
The company added that its Trichoderma production technology is fundamentally different from EVERY’s approach and that Every’s patent does not disclose how to produce ovalbumin using the organism.
Following the ruling, Onego Bio CEO and co-founder Maija Itkonen said the company would focus on commercialising its Bioalbumen product in the US.
“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,” she said.
“Our team is busy shipping metric tons of Bioalbumen and selling to US customers, and the response has been incredible.”
Itkonen added that there was room for multiple companies in the precision-fermented egg protein market, arguing that increased competition could help expand the category and give customers greater choice.
The latest ruling follows the dismissal of a parallel case in Wisconsin in May 2026 on jurisdictional grounds. With the Delaware case now closed, Onego said there is no ongoing litigation between the two companies.
