Gevo Wins in Federal Appeals Court; Ruling Further Strengthens Gevo’s Position Versus Butamax in Patent Dispute

  Gevo Wins in Federal Appeals Court; Ruling Further Strengthens Gevo’s
  Position Versus Butamax in Patent Dispute

Business Wire

ENGLEWOOD, Colo. -- November 19, 2012

Gevo, Inc. (NASDAQ: GEVO), said today that a decision issued Friday, Nov. 16
by the U.S. Court of Appeals for the Federal Circuit (Appeals Court) supports
Gevo’s position in the patent infringement litigation with Butamax Advanced
Biofuels LLC (Butamax) involving yeast engineered to produce isobutanol.

The Appeals Court upheld a decision by Judge Sue L. Robinson of the United
States District Court for the District of Delaware in which she denied a
motion for a preliminary injunction sought by Butamax. In her decision issued
June 20, Judge Robinson stated that the “plaintiff (Butamax) does not hold a
valid patent, nor would the defendant (Gevo) infringe if it did.” The Appeals
Court affirmed Judge Robinson’s ruling and stated, “Gevo, Inc. raised a
substantial question of validity concerning the asserted patent (the ‘889
Patent), a question which Butamax has failed to show lacks substantial merit.”

“In addition to the USPTO rejecting Butamax’s patents and declaring them
unpatentable, we now have two judicial decisions supporting our position that
Butamax’s ‘889 patent is invalid and that we don’t infringe upon it,” said
Brett Lund, Executive Vice President and General Counsel of Gevo. “If Butamax
persists in moving this case to trial, we are even more confident that Gevo
will prevail, given the decisions in our favor by the trial court, the Appeals
Court, and the USPTO.”

The Appeals Court issued its ruling only five working days after the Court
heard oral arguments on the matter. “The timely decision was important since
it thwarts efforts by Butamax to offset our leadership position in
bio-isobutanol and in establishing a very strong intellectual property
portfolio surrounding our process technologies,” added Lund.

About Gevo

Gevo is a leading renewable chemicals and next-generation biofuels company.
Gevo’s patent-protected, capital-light business model converts existing
ethanol plants into biorefineries 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 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,
as amended, and in subsequent reports on Forms 10-Q and 8-K and other filings
made with the SEC by Gevo.

Contact:

Media:
Sitrick And Company for Gevo
Lew Phelps, 310-788-2850
lew_phelps@sitrick.com
or
Investors:
Chelsea DeLong, 303-588-6306
PR & Marketing Coordinator
cdelong@gevo.com
 
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