US Butamax, Gevo claim separate wins in isobutanol patents fight

11 April 2013 18:02  [Source: ICIS news]

HOUSTON (ICIS)--US-based Butamax and Gevo claimed separate victories on Thursday in their ongoing battle over patents related to the production of bio-based isobutanol.

Butamax, a joint venture between BP and DuPont, praised an Action Closing Prosecution (ACP) decision this week by the US Patent and Trademark Office (USPTO) that rejected all claims of Gevo’s “808 patent”, which Gevo had said was key to its fermentation technology, Butamax said in a press release.

The “808 patent” is the first of the seven Gevo patents subject to re-examination at the USPTO to receive an ACP, Butamax said.

Butamax also recently petitioned the USPTO to review two other patents related to that patent.

Meanwhile, Gevo announced on Thursday that the US District Court in Delaware has entered a final judgement in its favour against Butamax in regard to two other patents – the “188 patent” and the “889 patent”.

The final judgement resulted from the court's finding that certain claims were invalid, Butamax's admission that Gevo does not literally infringe under the court's construction of the claims and the court's finding that Gevo does not infringe under the doctrine of equivalents, Gevo said in a press release.

By: Jeremy Pafford
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