Arcadia Biosciences Files Notice of Appeal to the Federal Circuit and a Lawsuit in Federal Court in New York Challenging Arista Patents on High-Fiber Resistant Starch Wheat
-- Arcadia’s Diverse Portfolio of GoodWheat™ Branded Ingredients Moves Toward Full-Scale Commercialization --
“We respect the intellectual property of others and vigorously defend our own,” said Raj Ketkar, president and CEO of Arcadia. “The global wheat market is enormous – between 20 and 25 percent of people’s calories come from wheat. While we seek to assert our rights to the patents in question, there are large geographies unaffected by these patents where we continue to advance our commercialization plans for RS GoodWheat, as well as our other GoodWheat branded portfolio ingredients.”
The company’s GoodWheat branded ingredient portfolio also includes wheat varieties that deliver high levels of protein, high levels of amino acids, and lower levels of gluten, as well as better-tasting whole wheat. The company is currently harvesting sample and seed-stock crops of these varieties and expects to announce technology results and commercial launch updates following nutrition analysis studies.
“The global wheat flour market is estimated to reach approximately
The Federal Circuit notice of appeal challenges the recent decision by the Patent Trial and Appeal Board (PTAB) on Arcadia’s RS GoodWheat technology, adopting a claim construction that resulted in dismissal of Arcadia’s interference action pertaining to Arista’s U.S. Patent No. 9,357,722. Arcadia believes that the PTAB’s claim construction was incorrect because it failed to follow applicable standards and adopted a claim construction inconsistent with Arista’s own statements on the scope of that patent.
Arcadia’s RS wheat, the result of more than a decade of development leading up to its recent commercial launch, is part of the company’s robust GoodWheat™ portfolio of branded ingredients. The company recently reported the technology achievement of an industry-leading 94 percent amylose level in its High-Fiber RS GoodWheat bread and durum (pasta) varieties without the 15-20 percent yield penalty seen in research varieties of resistant starch wheat in development by other organizations. High levels of amylose are directly correlated to levels of resistant starch and fiber in wheat. Arcadia’s RS GoodWheat, currently in test formulation studies with several consumer packaged goods companies, qualifies for the U.S. Food And Drug Administration’s labeling designation of “High in Fiber” or “A Good Source of Fiber.”
Note Regarding Forward-Looking Statements
This press release contains forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements are subject to risks and uncertainties that
could cause actual results to differ materially, and reported results
should not be considered as an indication of future performance. These
risks and uncertainties include, but are not limited to: Arcadia’s and
its partners’ and affiliates’ ability to develop commercial products
incorporating their traits, and complete the regulatory review process
for such products; Arcadia’s compliance with laws and regulations that
impact Arcadia’s business, and changes to such laws and regulations;
Arcadia’s future capital requirements and ability to satisfy its capital
needs; Arcadia’s ability to develop, enforce and defend its intellectual
property rights; and the other risks set forth in Arcadia’s filings with
Jeff Bergau, +1-312-217-0419