The Regents of the University of California and Evolve BioSystems Win Court Order, Denying Abbott’s attempt to Dismiss Patent Infringement Suit

The Regents of the University of California and Evolve BioSystems are pleased to announce that an Illinois federal judge has recently denied a motion by Abbott Laboratories to dismiss a patent infringement suit jointly filed by the University and Evolve regarding usage of probiotics in combination with milk oligosaccharides in infants.

The University of California, Davis researchers who founded Evolve have been broadly recognized for their discoveries relating to B. infantis, a probiotic bacterium that allows infants to digest oligosaccharides (complex carbohydrates) found in milk. Evolve has since documented the important role that B. infantis, including Evolve’s own EVIVO® product with B. infantis EVC001, plays in protecting infants from gut dysbiosis and supporting immune development.

In 2019, the University and Evolve filed a patent infringement lawsuit in Federal Court against Abbott alleging that Abbott infringes two patents that Evolve exclusively licenses from the University relating specifically to the combination of B. infantis with certain milk oligosaccharides.

Abbott moved to dismiss the lawsuit, asserting that the University and Evolve had failed to state a claim. U.S. District Judge John Z. Lee rejected Abbott’s assertion and denied the motion. Judge Lee found that the University and Evolve had stated actionable claims for inducing, contributory, and direct infringement against Abbott. As to inducement, in particular, Judge Lee found that the University and Evolve”have asserted facts that reasonably evince the specific intent required to plausibly allege inducement” by Abbott.

“We’re intensely proud of the research and discovery taking place at UC Davis. This includes the landmark work by Evolve’s faculty founders which we intend to vigorously defend,”

said William Tucker, Associate Vice Chancellor, Innovation and Technology Commercialization at University of California, Davis.

Tim Brown, CEO of Evolve BioSystems, states,

“This is an important step forward in defense of our intellectual property, and toward improving health for all babies, as we endeavor to bring forward the best research and technology, with its origins at UC Davis, to solve infant gut dysbiosis.”

About Evolve BioSystems

Evolve BioSystems, Inc. is a privately-held microbiome company dedicated to researching solutions to establish, restore, and maintain a healthy gut microbiome. Evolve is a portfolio company of the Bill & Melinda Gates Foundation and Horizons Ventures, the venture division of the Li Ka Shing Foundation. Evolve is a spin-off from the Foods for Health Institute (FFHI) at the University of California, Davis and builds on more than a decade of research into understanding the unique partnership of the infant gut microbiome and breast milk components.

SOURCE: Evolve BioSystems