U.S. Patent and Trademark Office Grants Gevo’s Request for Reexamination and Invalidates Butamax Patent ’889
November 28 2011 - 7:00AM
Business Wire
Gevo, Inc. (NASDAQ: GEVO), a leading renewable chemicals and
advanced biofuels company, today announced that the United States
Patent and Trademark Office (USPTO) has agreed to reexamine U.S.
Patent No. 7,993,889 (’889 Patent) owned by Butamax™ Biofuels LLC
(Butamax), determining that substantial questions of patentability
exist. In addition to granting the reexamination, the USPTO issued
an office action finding that all challenged claims are invalid.
The USPTO agreed with Gevo’s petition that substantial questions
exist regarding whether others invented this technology first and
that several scientific journal publications had described the
technology before Butamax applied for the patent.
“This USPTO action means that key claims contained in the
formerly granted patent are now invalid effective immediately and
are subject to a complete inter party examination,” said Brett
Lund, Gevo Executive Vice President and General Counsel. “The USPTO
action raises serious questions regarding the merits of Butamax’s
claims against Gevo and strengthens our position in the pending
infringement lawsuit.”
Gevo’s patent portfolio consists of over 300 patents and
applications for the economic production of isobutanol, process
innovations and downstream product applications.
About Gevo
Gevo is converting existing ethanol plants into biorefineries to
make renewable building block products for the chemical and fuel
industries. The Company plans to convert renewable raw materials
into isobutanol and renewable hydrocarbons that can be directly
integrated on a “drop in” basis into existing chemical and fuel
products to deliver environmental and economic benefits. Gevo is
committed to a sustainable biobased economy that meets society’s
needs for plentiful food and clean air and water. For more
information, visit www.gevo.com
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expectations reflected in these forward-looking statements are
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that may cause actual results to differ materially from what may be
expressed or implied in these forward-looking statements. For a
further discussion of risks and uncertainties that could cause
actual results to differ from those expressed in these
forward-looking statements, as well as risks relating to the
business of Gevo in general, see the risk disclosures in the Annual
Report on Form 10-K of Gevo for the year ended December 31, 2010,
and in subsequent reports on Forms 10-Q and 8-K and other filings
made with the SEC by Gevo.
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