USPTO Affirms Gevo’s Request for Reexamination of Butamax Patent
April 12 2012 - 3:36PM
Business Wire
Gevo, Inc. (NASDAQ: GEVO), an innovative renewable chemicals and
advanced biofuels company, announced today that the U.S. Patent
Office and Trademark (USPTO) has denied a petition by ButamaxTM
Advanced Biofuels, LLC (Butamax) which would have vacated the order
granting Gevo’s reexamination request of Butamax’s U.S. Patent No.
7,851,188 (‘188 Patent). In so doing, the USPTO simultaneously
affirmed its original decision that all claims challenged by Gevo
in the '188 patent remain rejected as unpatentable.
“Normally we wouldn’t have commented on this action, but we
wanted to clear up any confusion around Butamax’s public claims
that the reexamination was granted in error and ‘in clear conflict’
with earlier USPTO decisions,” said Gevo EVP and General Counsel
Brett Lund. “This was obviously not the case as the USPTO backed
its original decision to reject Butamax’s claims in the ‘188
Patent.”
“We believe that this decision, once again, denounces Butamax’s
lawsuit and solidifies our position that the patents Butamax has
asserted against Gevo are invalid and unenforceable. It also
reinforces Gevo’s stance that the technologies and process steps
claimed by Butamax in the ‘188 Patent were known in the field,
published in numerous scientific journals or invented by others
before Butamax applied for its patent.”
Further detailed information on Gevo’s Intellectual Property
Portfolio can be found on the Company’s Website at
www.gevo.com.
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.
Forward-Looking Statements
Certain statements in this press release may constitute
"forward-looking statements" within the meaning of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements include statements that are not purely statements of
historical fact, and can sometimes be identified by our use of
terms such as “intend,” “expect,” “plan,” “estimate,” “future,”
“strive” and similar words. These forward-looking statements are
made on the basis of the current beliefs, expectations and
assumptions of the management of Gevo and are subject to
significant risks and uncertainty. Investors are cautioned not to
place undue reliance on any such forward-looking statements. All
such forward-looking statements speak only as of the date they are
made, and the company undertakes no obligation to update or revise
these statements, whether as a result of new information, future
events or otherwise. Although the company believes that the
expectations reflected in these forward-looking statements are
reasonable, these statements involve many risks and uncertainties
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, 2011,
and in subsequent reports on Forms 10-Q and 8-K and other filings
made with the SEC by Gevo.
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