A federal judge in Wisconsin has dismissed a lawsuit brought by Finnish precision fermentation company Onego Bio against The EVERY Company, ruling that the court lacks personal jurisdiction over the California-based defendant, AgFunderNews first reported. Both parties are now set to litigate in Delaware, where parallel proceedings are already underway.
Background to the dispute
The case originated in September 2025 and centers on a patent held by The EVERY Company covering ovalbumin production across a range of microbial hosts. Ovalbumin is the primary protein in egg white, and both companies produce it via precision fermentation without the use of chickens. The EVERY Company uses yeast as its production host; Onego Bio uses the fungus Trichoderma reesei, inherited from VTT Technical Research Centre of Finland, from which it spun out in 2022.
Onego Bio argued that EVERY’s patent was invalid and not applicable to its fungal production process, and that EVERY had interfered with its investor relationships by claiming a license was required. EVERY disputed this, stating that Onego had been the one to initiate contact seeking a license before filing suit. Merger talks between the two companies collapsed shortly before the lawsuit was filed. VTT separately challenged EVERY’s European patent at the European Patent Office.
Two jurisdictions, one strategy
Onego Bio confirmed it had intentionally filed in both Wisconsin and Delaware for different reasons. Wisconsin was chosen as the planned home of its first commercial-scale manufacturing facility in Jefferson County. Delaware was selected because both companies are incorporated there, and it is widely regarded as the leading US forum for complex biotech patent disputes. Onego said it made progress during the initial Wisconsin discovery phase, identifying what it describes as significant evidence to support its claims, all of which is now on the public record and will be carried into the Delaware proceedings.
Jurisdictional ruling leaves merits untouched
Judge James Peterson dismissed the Wisconsin case solely on jurisdictional grounds, declining to rule on the substance of the patent dispute. EVERY CEO Arturo Elizondo welcomed the outcome, telling AgFunderNews: “Lawsuits are a waste of time and money. Our space doesn’t need expensive distractions. Our space needs builders. It needs all of our focus and resources to go towards building a better food system, not expensive litigation.”
Onego Bio framed the ruling differently. In a statement, the company said the Wisconsin phase had served its purpose and that the case is now consolidated in what it considers the most appropriate venue. CEO and co-founder Maija Itkonen said: “Our products are built on a solid foundation and originate from one of the most trusted innovation ecosystems in the world. We believe markets thrive through open competition, where lasting value comes from genuine performance, long-term scientific research, and transparent business practices.”
She added: “When obstacles arise that risk distorting this balance, we are compelled to act to ensure the market remains open and fair, operating with integrity.”
