US judge drops Onego Bio lawsuit, Delaware case continues

A federal judge in Wisconsin dismissed a lawsuit filed by Onego Bio against The EVERY Company on May 5, ruling the court lacked jurisdiction, while a parallel case in Delaware remains active, according to AgFunderNews.

The decision marks a key development in a high-profile patent dispute over precision fermentation, specifically the production of ovalbumin, the main protein found in egg whites. The conflict centers on whether Onego Bio is infringing patents held by EVERY related to producing this protein using engineered microorganisms.

Judge James Peterson determined that the Wisconsin court could not hear the case because neither company is based in the state nor has sufficient business activity tied to the claims. According to AgFunderNews, the ruling focused strictly on jurisdiction and did not address the substance of the patent dispute.

“The court cannot consider the merits of a claim without first resolving jurisdictional questions,” Peterson stated in the order. He also noted that allowing the case to proceed would duplicate ongoing litigation in Delaware, where jurisdiction is not contested.

The legal clash began in 2025 when Onego Bio filed suit seeking to clarify that it does not infringe EVERY’s patent, which it described as “invalid and unenforceable.” The company argued that the dispute was affecting its ability to raise funds and move forward with expansion plans, including a proposed manufacturing facility in Wisconsin.

EVERY, however, rejected those claims and argued that Onego initiated the conflict. The company maintained that it has consistently avoided litigation and instead focused on protecting its intellectual property portfolio.

Following the ruling, CEO Arturo Elizondo welcomed the decision. “Today is an important day for EVERY and for our industry. Lawsuits are a waste of time and money. Our space doesn’t need expensive distractions. Our space needs builders,” he said, according to AgFunderNews.

He added: “This ruling is a clear sign that the lawsuit was baseless from the onset.” Elizondo also emphasized the company’s investment in intellectual property, including patents covering ovalbumin production in multiple jurisdictions such as the United States and Europe.

The dispute highlights growing tensions in the alternative protein industry, where companies are racing to commercialize animal-free ingredients using biotechnology. Precision fermentation, the method at the center of the case, allows companies to produce proteins without animals by programming microorganisms to replicate natural molecules.

Beyond patent claims, both companies have made broader accusations. Onego alleged that EVERY engaged in unfair business practices, including pressuring investors and misrepresenting its products. EVERY, in turn, denied those claims and argued that Onego attempted to gain access to its technology through legal pressure.

The Wisconsin ruling does not end the conflict. The case in Delaware will now become the primary venue for resolving the dispute, including questions about patent validity and potential infringement.

The outcome could have wider implications for the food tech sector, particularly in defining how intellectual property is enforced in emerging areas like biomanufacturing and alternative proteins. As companies compete to scale production and secure investment, legal clarity around patents is becoming increasingly critical.

For now, the court’s decision removes one legal front but leaves the core conflict unresolved, with both companies preparing to continue the battle in Delaware.