As a result of the application filed by Amycel LLC, the Unified Patent Court, Court of First Instance, division in The Hague, issued an order on July 31, 2024, requiring Mr. Szymon Spyra to refrain from selling and offering mushroom spawn under the trade name Cayene in the Netherlands, Germany, France, and Italy. This judgment, regarding provisional measures, is provisional and applies only for the duration of the ongoing dispute between the parties regarding the infringement of the patent rights of the brown mushroom strain Agaricus bisporus BR06. The issued judgment does not determine whether the Cayene spawn infringes on Amycel's patent rights.

Additionally, it should be clearly noted that the court has required Amycel LLC to pay a deposit in the amount of EUR 200,000.00 to secure the interests of Mr. Szymon Spyra in the event that the sales ban imposed by the court proves to be unjustified as a result of the resolution of the patent infringement case. The issued order has been appealed by Mr. Szymon Spyra, and the appeal is currently pending. At the same time, in a separate proceeding, Mr. Szymon Spyra has lodged a claim to invalidate Amycel’s patent, arguing that his company had been producing and offering for sale brown mushroom spawn (previously under the trade name SP-B1) for many years, which was originally obtained from Hungary in the early 1990s.

Currently, the following legal proceedings are ongoing between Mr. Szymon Spyra and the company Amycel:
1. In the District Court in Warsaw concerning patent infringement;
2. In the Unified Patent Court in Luxembourg, where an appeal is being considered against the order issued by the Unified Patent Court division in The Hague;
3. In the Unified Patent Court division in Milan, where the case regarding the invalidation of Amycel’s patent is taking place;
4. At the Patent Office in Poland, regarding the entry into the patent register the status of a prior user in favor of Mr. Szymon Spyra.
As indicated above, at this stage, none of the ongoing cases has determined whether Mr. Szymon Spyra has infringed the patent. A definitive answer to the question of whether the brown mushroom spawn under the trade name Cayene infringes Amycel’s patent rights to the Heirloom spawn will be known when the aforementioned legal proceedings are conclusively resolved.

It is important not to overlook in this dispute that Mr. SzymonSpyra’s company has been offering brown mushroom spawn for over 30 years, even before Amycel registered its patent. Therefore, it is not ruled out that Heirloom could be a copy of Cayene. We will only find this out after the completion of the aforementioned legal proceedings.