Butamax Announces Immediate Appeal of Court Decisions on Claim Construction
and Summary Judgment
WILMINGTON, Del., March 20, 2013
WILMINGTON, Del., March 20, 2013 /PRNewswire/ -- Butamax™ Advanced Biofuels,
LLC, the leading biobutanol technology company, announced today it would
appeal the Court's claim construction and decisions on certain motions before
the Court in Butamax's litigation against Gevo.
Paul Beckwith, Butamax Chief Executive Officer, stated,"Butamax has decided
to appeal this case immediately. Butamax strongly disagrees with the Court's
claim construction. 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. We are confident the Federal Circuit will
determine this matter in our favor."
The Court made no overall determination on literal infringement and denied
Gevo's motions of invalidity on all but two of 37 patent claims being asserted
by Butamax against Gevo. However, despite previous statements from the
Federal Circuit, the Court chose a very narrow claim construction for the KARI
enzyme element of the claims. This narrow interpretation, in Butamax's view,
is in error as a matter of law and therefore Butamax is taking this claim
construction immediately back to the Federal Circuit for appeal.
Beckwith continues, "This is still an early stage in what is likely to be a
long and complicated litigation, involving many patents that will take several
years for the courts to resolve. Butamax is currently enforcing six other
patents against Gevo and will vigorously continue to do so while this case is
Butamax remains strongly committed to near term commercialization of its
biobutanol technology. Butamax will continue its strategy of bringing
advanced biofuels to the consumer and providing a real solution to the
Butamax™ Advanced Biofuels, LLC was formed to develop and commercialize
biobutanol as a next generation renewable biofuel for the transport market.
The company benefits from the synergy of DuPont's proven industrial
biotechnology experience and BP's global fuels market knowledge. Butamax's
proprietary technology offers a cost-advantaged manufacturing process for
isobutanol with value from field to pump. For more information, visit
Butamax™ is a trademark of Butamax™ Advanced Biofuels, LLC.
Mark Buse 202-679-5576
SOURCE Butamax Advanced Biofuels, LLC
Press spacebar to pause and continue. Press esc to stop.