6/2026
CH KILGER WINS IN DERIVATION LAWSUIT
BEFORE THE MUNICH DISTRICT COURT I
PROTEIN SEQUENCING LAWSUIT 44 O 10621/22 OVER
EP 3270139 B1 IS DISMISSED
The ability to sequence proteins has huge scientific and even more so diagnostic potential – it is a billion EURO market. While sequencing DNA has now become common place, the sequencing of proteins is still in its infancy.
Determining the precise order of amino acids within a protein – is essential because proteins are the primary functional, structural, and catalytic machinery of living organisms. While DNA provides the blueprint, protein sequencing reveals the actual operational state, identifying post-translational modifications (PTMs), structural nuances, and disease-related changes that cannot be inferred from genetic data alone. The global protein sequencing market is expanding rapidly, valued at over USD 2.29 billion in 2025 and projected to grow from USD 2.39 billion in 2026 to over USD 3.4 billion by 2034.
Top applications include drug target discovery (over 90% of current drug targets are proteins), biomarker discovery for disease diagnostics, and biopharmaceutical manufacturing. Driven by biotherapeutic development, this sector’s value lies in identifying amino acid sequences for precision medicine, disease diagnostics, and drug discovery the first company to be able to sequence small quantities of protein quickly and reliable – hits the JACKPOT[1].
The invention in question covered by European Patent EP 3270139 B1relates to the “use of a bacterial nanopore, for the electrical detection of peptides, proteins separated by at least one amino, wherein said use is intended to differentiate said peptides, proteins according to their length, their mass and their sequence”.
Assignees of the European Patent EP 3270139 B1 are the Biotech company EXCILONE represented by Pierre Defrenaix as well as, the CY Cergy Paris Université, the Université Evry Val d’Essonne and the Hôpital Saint Louis. The primary inventors designated on the patent and present in the court proceedings before the District Court I in Munich were Juan Pelta and Abdelghani Oukhaled.
The Albert-Ludwigs-Universität Freiburg originally filed an opposition against the granted patent in 2021 arguing the patented invention was not inventive and not enabled. The first instance of the European Patent Office upheld the granted patent in 2022 in unamended form. An appeal was then filed.
In an abrupt change of strategy Albert-Ludwigs-Universität Freiburg requested a stay of the proceedings by the Legal Division of the European Patent Office, as the strategy was changed from “the patent should be revoked” to “our scientist co-invented the patented method”. Thus, when the Albert-Ludwigs-Universität Freiburg filed a derivation lawsuit before the District Court I in Munich in August 2022, the opponent before the EPO became the plaintiff before the Munich court, alleging that the French assignees of EP 3270139 B1 had in parts stolen the invention from the scientists of Albert-Ludwigs-Universität Freiburg.
Over a number of years and in multiple hearings and detailed submissions the Munich District Court I meticulously heard all scientists involved. Yet, the plaintiff failed to convincingly show a creative contribution to any aspect of the granted patent. Therefore, on May 13, 2026 the Munich Disctrict Court I dismissed the law suit filed by Albert-Ludwigs-Universität Freiburg stating that the sole inventors of the protein sequencing method were those designated on the European Patent, confirming proprietorship of the defendants. This decision may still be appealed. The EP Appeal proceeding is currently stayed.
See for example:
The scramble for nanopore sequencing. See here. Or here.
Video. See here.
[1] These publicly traded and private entities are entirely dedicated to inventing single-molecule protein sequencing methods to bypass legacy mass spectrometry limits.
Quantum-Si (NASDAQ: QSI): Pioneered the space with its benchtop Platinum® Pro sequencer. It uses semiconductor chips and binding kinetics to track single amino acids and post-translational modifications (PTMs).
Glyphic Biotechnologies: A private startup advancing its “Protein Sequencing by Expansion” (ProSE™) platform. It spatially expands amino acids to allow single-molecule resolution and high-throughput tracking.
Portal Biotech: Spun out of the University of Groningen, they focus on nanopore-based technology to identify intact, full-length single proteins. Genomic Leaders Expanding Into ProteomicsMajor DNA sequencing companies are aggressively investing capital to adapt their current platforms for dual DNA-protein reading.
Illumina: The world genomic leader is investing in NGS-based proteomics with tools like “Illumina Protein Prep” to remain a dominant player in multi-omics.
Oxford Nanopore Technologies: Expanding its core single-molecule nanopore hardware to move beyond DNA/RNA into direct protein and short/long peptide analysis.
