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District Court Issues Final Judgment for Gevo

14-Apr-2013 | Source : AG-IP News | Visits : 6933

ENGLEWOOD, Colo. - Gevo Inc. announced in a press release that the United States District Court for the District of Delaware entered a final judgment in favor of Gevo and against Butamax Advanced Biofuels, LLC (Butamax), a 50/50 joint venture between DuPont and BP, ending the trial court proceedings on Butamax's Patent Nos. 7,851,188 ('188 Patent) and 7,993,889 ('889 Patent).

"We applaud the final judgment, which allows us to focus on being the leader in commercializing renewable isobutanol and maintaining our freedom to operate," said Brett Lund, Gevo's executive vice president and general counsel.  "We feel vindicated that Butamax itself admitted that Gevo does not infringe when the Court's interpretation of the patent claims is applied."

In the final judgment, the Honorable Judge Sue L. Robinson held, "It is hereby ordered and adjudged this 10th day of April 2013 that final judgment be and hereby is entered in favor of Defendant Gevo, Inc. and against Plaintiff Butamax Advance Biofuels, LLC with respect to the claims relating to '188 and '889 Patents."  The final judgment resulted from the Court's finding that certain claims of the '889 Patent were invalid, Butamax's admission that Gevo does not literally infringe under the Court's construction of the patent claims, and the Court's finding that Gevo does not infringe under the doctrine of equivalents.

"This is a huge victory for Gevo and our shareholders," noted Patrick Gruber, Ph.D., Gevo's chief executive officer.  "I personally want to thank Brett, his team, and the Cooley team for all their hard work in proving that we utilize a proprietary technology.  Defending our freedom to operate is critically important."


Gevo is a leading renewable chemicals and next-generation biofuels company. Gevo's patent-protected, capital-light business model converts existing ethanol plants into bio-refineries to make isobutanol. This versatile chemical can be directly integrated into existing chemical and fuel products to deliver environmental and economic benefits. Gevo started up its first commercial isobutanol facility in Luverne, Minn., and has a marquee list of partners including Coca-Cola, Sasol, and LANXESS, among others. Gevo is committed to a sustainable bio-based economy that meets society's needs for plentiful food and clean air and water.

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