European court grants preliminary injunction against Pendulum and iHerb based on Caelus patent

In summary injunction proceedings, the Unified Patent Court has provisionally ordered Pendulum and iHerb to stop selling products containing the bacterium for the patented use in various European markets (Belgium, Denmark, Germany, France, Italy, the Netherlands, Sweden and Switzerland).

DELFT, Netherlands, Oct. 28, 2026 /PRNewswire/ -- The patent

The claims of European patent EP 2 753 187 cover the use of a specific gut bacterium and protect a core application of Caelus's platform. It stems from research at Amsterdam UMC and also covers the use of Caelus's own lead strain, A. soehngenii CH106. The patent was maintained in amended form by the Technical Board of Appeal of the European Patent Office in February 2025, after full opposition proceedings.

Protecting a validated platform

Caelus has built a clinically validated microbiome platform for cardiometabolic health. In July 2026, A. soehngenii CH106 became the first live commensal gut bacterium of its kind to receive a positive safety opinion from the European Food Safety Authority (EFSA) under the EU Novel Food Regulation. Caelus's international patent portfolio, of which EP 2 753 187 is part, protects the use of the bacterium.

What the Court decided

Based on its preliminary assessment of validity and infringement, the Court ordered Pendulum and iHerb to stop making, offering, placing on the market, importing or storing the products concerned in the countries covered by the order.

The order was issued in summary proceedings. Caelus will therefore start proceedings on the merits before the Unified Patent Court, as the measures in preliminary proceedings are provisional. Pendulum and iHerb may appeal the order, which remains in force pending any appeal.

"This decision underlines the strength of the intellectual property behind our platform. Caelus has invested in more than fifteen years of research, clinical studies and a full European regulatory review to bring this bacterium to market responsibly. The Court's order recognises that this investment, and the innovative science it is built on, deserves protection. Our model is to supply this ingredient to strong partners around the world that can bring it to market at scale, and we remain open to working with companies that want to build on this science under licence."

Johan van Hylckama Vlieg, Chief Executive Officer, Caelus

About Caelus

Caelus develops microbiome-based ingredients that originate from the human gut. Its work combines strain discovery, clinical research, regulatory development, intellectual property and industrial-scale production to turn next-generation beneficial microbes into safe, scientifically substantiated and partner-ready products.

Legal counsel

Caelus was represented by D.F. de Lange, B.B. van der Wansem and R. Rijpkema of Brinkhof, and J. Renes of Plasseraud. 

Media contact:
Teun Schrover, teun.schrover@fdi.nl