Stevia sweetener court battle: Sweegen secures patent victory over Ingredion’s PureCircle

03 Jan 2024 --- Sweegen has won a court battle against PureCircle by Ingredion after the US Court of Appeals for the Federal Circuit affirmed the invalidation of PureCircle’s patents covering the stevia sweetener Rebaudioside M (Reb M).

As the primary producer of non-GMO Reb M originating from the stevia leaf, Sweegen says this appellate victory further solidifies its technological leadership position in the stevia sweetener industry.

The company claims that this Federal Circuit decision “removes any lingering doubt” that consumer packaged goods customers may be encumbered by PureCircle’s patents for using Sweegen’s Reb M.

“As one of the staunchest stewards of proprietary technologies in wellness ingredients, Sweegen has actively defended its intellectual property rights while upholding a commitment to respecting the rights of others,” says Steven Chen, Sweegen’s CEO.

“Throughout this litigation, we consistently asserted the invalidity of PureCircle’s patents, considering its case against Sweegen as baseless and spurious. This triumph in the US Court of Appeals serves to highlight Sweegen’s dedication to principled innovation and fair competition within the industry.”

Food Ingredients First has contacted PureCircle for its response to the US Court of Appeals’ opinion.

Industry implications
Sweegen’s Reb M ingredient is made with a proprietary clean bioconversion method. The company says the steviol glycoside molecule plays a crucial role in the global production of stevia sweeteners. 

In May 2022, the company secured a summary judgment, declaring PureCircle’s asserted patents related to the production of Reb M as invalid.Sweegen says the court win cements its leadership position in the stevia sweetener industry.

The affirmation of this judgment by the US Court of Appeals solidifies Sweegen’s position and removes any impediments that PureCircle’s patents may have posed for US producers.

Specifically, the federal court’s opinion confirmed the district court’s decision that certain claims in the patents were found invalid due to a lack of written description. Additionally, it determined that a specific claim in one of the patents is “unpatentable.”

“This victory…contributes to the broader landscape of the stevia sweetener industry. Sweegen is positioned to lead the charge in shaping a landscape of limitless possibilities, delivering unparalleled sweetness to consumers and driving positive change on a global scale,” says Chen.

Future focus
Sweegen says it remains committed to driving positive change within the sweetener industry and will continue to invest in research and development to deliver cutting-edge solutions to its global customer base.

In November 2023, the company announced it was addressing the pressing issue of mislabeling within the stevia industry, specifically concerning Reb M stevia sold under “intentionally false claims.”

Through independent testing, the company determined that certain third-party Reb M products sold to food and beverage companies under label claims of “Reb-M 95%,” “Bioconversion Reb-M 95%,” or “Stevia (Organic) Extract Reb-M 95%” are not made through extraction or bioconversion.

Sweegen intends to continue its investigation into the adulterated Reb M.

By Joshua Poole