Patent battles over dairy alternatives

Feb 28, 2023

Patent battles over dairy alternatives

We recently featured Perfect Day in our article “Alternative Dairy Companies and Patents.

Perfect Day is involved in a patent dispute in Australia.

An opposition to Perfect Day’s Australian patent was filed by Fonterra, a New Zealand dairy company, and the opposition was allowed (Fonterra Co-operative Group Ltd. v Perfect Day, Inc. [2022] (APO 59), and Perfect Day is currently suing in federal court over the results.

The subject patent is Australian Patent No. 2015305271, which relates to “compositions containing casein and methods of making the same”.

AU2015305271B2 – Compositions comprising a casein and methods of producing the same – Google Patents

The patent consists of one independent claim, and Fonterra’s complaint was that the claim language is directed to “food compositions,” which would include alternative dairy products, which, however, may not be compatible with the characteristics of the alternative dairy products in the claim language.

After deliberation of the opposition, the patent was declared invalid for failure to meet support and enablement requirements. On the other hand, Fonterra’s arguments of lack of novelty and lack of inventive step seem to have failed, and there is a good chance that the opposition will be overturned in court.

Reference article:

Novel foods, novel field: patent validity issues in the new foods landscape A recent Australian Patent Office opposition decision has a n www.corrs.com.au

Still seeking a Perfect Day: why appeal a successfully opposed patent application? – James & Wells “Under the circumstances, I see no means by which the applica www.jamesandwells.com