Federal Court upholds Sweegen appeal in sweetener battle against PureCircle’s Reb M

Sweegen announced a landmark victory in the US Court of Appeals for the Federal Circuit, which has sided with Sweegen and affirmed the invalidation of PureCircle’s patents covering the highly sought-after stevia sweetener Rebaudioside M (Reb M).

According to Sweegen, it is the primary producer of non-GMO Reb M originating from the stevia leaf, made with a proprietary clean bioconversion method. The company sees the appellate victory as further solidifying Sweegen’s technological leadership position in the stevia sweetener industry at large.

Reb M, a highly coveted steviol glycoside molecule, plays a crucial role in the global production of stevia sweeteners.

This Federal Circuit decision removes any lingering doubt that consumer packaged goods (CPG) 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,” stated Sweegen’s CEO Steven Chen. “Throughout this litigation, we consistently asserted the invalidity of PureCircle’s patents, considering their case against Sweegen as baseless and spurious. This triumph in the U.S. Court of Appeals serves to highlight Sweegen’s dedication to principled innovation and fair competition within the industry.”

In May 2022, Sweegen secured a groundbreaking summary judgment, declaring PureCircle’s asserted patents related to the production of Reb M as invalid. The affirmation today of this judgment by the US Court of Appeals for the Federal Circuit solidifies Sweegen’s position and removes any impediments that PureCircle’s patents may have posed for producers in the United States.

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 under 35 U.S.C. § 101.

“Sweegen’s commitment to innovation, excellence, and fair competition has been reaffirmed through the successful appeal process,” said Chen. “This victory not only strengthens Sweegen’s position in the market but also 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.”

Sweegen 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, Sweegen announced it was addressing the issue of mislabelling within the stevia industry, specifically concerning Reb M stevia sold under intentionally false claims.

Through independent testing, the company has 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 continues its investigation into the adulterated Reb M.

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