US Butamax appealing judge’s decision in patent case

20 March 2013 23:38  [Source: ICIS news]

HOUSTON (ICIS)--US biofuel producer Butamax announced on Wednesday that it will appeal a Tuesday ruling by a federal judge that said that “as a matter of law” US competitor Gevo is not infringing on Butamax’s patent under the doctrine of equivalents.

US District Court Judge Sue Robinson denied Gevo’s motions of invalidity on all but two of 37 patent claims being asserted by Butamax against Gevo. However, the court did agree with Gevo that its method for producing biobutanol wasn’t as substantially similar as Butamax had claimed.

“Butamax strongly disagrees with the court’s claim construction,” said Paul Beckwith, Butamax’s CEO. “We do not believe it is consistent with either the patent, rules for patent claim construction or statements made by the federal circuit. We have therefore decided to appeal immediately to resolve this matter before going to trial.”

Trial is set for August, but both companies had requested that the judge resolve the dispute before then.

By: Jeremy Pafford
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