On 31 July 2024, the Unified Patent Court in The Hague, The Netherlands, granted Amycel a preliminary injunction (PI) against Polish spawn producer Spyra. The Court found that Spyra’s brown mushroom strain called Cayene is genetically identical to a strain patented by Amycel’s European patent EP 1 993 350 B2, and that Cayene infringes Amycel’s patent. Amycel markets its patented strain as Heirloom. It is the best-selling brown mushroom strain worldwide.
The Court ordered Spyra to stop infringing Amycel’s patent in the Netherlands, Germany, France and Italy by making, offering and / or placing the Cayene strain on the market, or importing or storing this strain for those purposes. Spyra was ordered to pay the Court a penalty payment (which may be repeated) of up to EUR 50,000.00 for each day or part of a day that this preliminary injunction is not complied with.
The Court ordered Spyra to deliver up Cayene present in the Netherlands, Germany, France and Italy. The Court also ordered that Spyra provides Amycel with a written account with the full names and address details of all customers to whom Spyra offered for sale, sold and/or delivered or otherwise traded in the Cayene strain within these countries.
“Amycel welcomes this clear infringement decision from the Unified Patent Court and the preliminary injunction granted for key European markets,” says Kyon Kazemi, Amycel’s Vice President of Biotechnology. “Amycel is a research driven and innovative company and our focus is on bringing the best mushroom technology to the market. We will continue to take legal action to protect our innovations when necessary.”
In 2020, Amycel filed a lawsuit against Hollander Spawn and Italspawn for infringement by their FB29 brown mushroom strain of the same patent, intended to protect Amycel’s Heirloom. After filing, the three companies agreed to settle with a cash payment and the termination of the manufacture, sale and trade in the FB29 strain.
Note: The 31 July 2024 decision of the Unified Patent Court’s Local Division in The Hague is available on the Court’s website: https://www.unified-patent-court.org/en/node/966. These provisional measures decision can be appealed. Proceedings on the merits are to follow and not concluded. An infringement action filed by Amycel against Spyra in Poland is pending.
Photo: The Amycel Heirloom.
