#Netherlands #Delft #iHerb #Pendulum #Caelus Life Sciences

European Court Issues Injunction Against Pendulum and iHerb

In a pivotal ruling, the Unified Patent Court has provisionally banned Pendulum and iHerb from marketing products that utilize a patented gut bacterium, thus enforcing European patent EP 2 753 187. This injunction affects a range of European countries including Belgium, Denmark, Germany, France, Italy, the Netherlands, Sweden, and Switzerland. This significant court decision illustrates not only the strength of Caelus's patent rights but also the potential ramifications for businesses operating within the fast-evolving field of microbiome research and commercialization.

Context of the Patent

The patent EP 2 753 187 concerns the application of a specific gut bacterium, A. soehngenii CH106, which has been developed through extensive research at Amsterdam UMC. This particular bacterium has proven to be integral to Caelus's microbiome platform, which is geared toward enhancing cardiometabolic health. In a landmark achievement, A. soehngenii CH106 received a positive safety opinion from the European Food Safety Authority (EFSA) in July 2026, marking it as the first live commensal gut bacterium to gain such recognition under the EU Novel Food Regulation.

The decision by the court came after meticulous examination of the validity of the patent and the alleged infringement by the two companies. The injunction limits Pendulum and iHerb’s ability to manufacture, market, import, or store any products leveraging this patented technology in the specified European nations.

Legal Repercussions and Next Steps

The court has issued this order during preliminary injunction proceedings, which are intended to provide immediate relief while exploring the underlying issues further. Caelus intends to escalate the matter to a full judicial review before the Unified Patent Court, highlighting its commitment to legally uphold its intellectual property rights. Both Pendulum and iHerb reserve the right to appeal against the injunction; however, its execution remains in effect during the appeal process, underscoring the immediate impact of the court’s ruling.

Johan van Hylckama Vlieg, the Chief Executive Officer of Caelus, expressed confidence in the court's decision, stating, "This ruling underscores the value and strength of our intellectual property. Caelus has invested over fifteen years in research, clinical studies, and regulatory review to responsibly bring this innovative bacterium to market. Our model is designed to foster collaborations with robust partners that share our vision for bringing scientifically-grounded products to consumers globally."

About Caelus

Caelus Life Sciences is pioneering work in developing microbiome-based ingredients derived from the human gut. The company’s approach incorporates strain discovery, clinical validation, regulatory compliance, intellectual property management, and large-scale production to create safe, scientifically-proven, and commercially viable microbial products. This integrated strategy underscores Caelus's commitment to advancing health outcomes through novel microbiome science.

As the landscape of gut health products continues to expand, the implications of this ruling could resonate widely across the industry, influencing future developments in microbiome-based health solutions and setting a precedent for patent law in this dynamic sector. Companies and regulatory bodies alike will be closely monitoring the outcome of the ongoing legal proceedings following this significant court order.