Danisco A/S lost a bid to delay a U.K. trial in its patent battle with Novozymes A/S over a type of enzyme which aids digestion of animal feed.
Danisco, a unit of DuPont Co. that makes food additives, sought to pause the case until the European Patent Office ruled on the dispute.
Novozymes, the world’s largest maker of industrial enzymes, is fighting to defend its animal feed patent in Denmark, Germany, Finland and the Netherlands. Danisco has sold a product that Bagsvaerd, Denmark-based Novozymes says has infringed the patent since 2007, according to a previous ruling in the case.
The U.K. Court of Appeal today rejected Danisco’s second application to push back the trial, and for permission to use documents from the U.K. case in the European proceedings.
The European Patent Office, which isn’t part of the European Union but offers the closest protection available to an EU-wide patent, revoked Novozymes’ patent in July. The decision has been appealed by Novozymes and will be heard by the EPO later this year.
Danisco’s lawyer Christopher Stothers and Novozymes’ lawyer Morag Macdonald declined to comment after today’s hearing.