Gevo, Inc. : Gevo Overcomes 110 Rejections in USPTO Reexamination
ENGLEWOOD, Colo. - April 11, 2013 - Gevo, Inc. (NASDAQ: GEVO) announced today
that the U.S. Patent and Trade Office (USPTO) issued a second office action in
the ongoing inter partes reexamination of Gevo's U.S. Patent No. 8,101,808
('808 Patent) entitled "Recovery of Higher Alcohols from Dilute Aqueous
Solutions", which relates to Gevo's Integrated Fermentation Technology^®
(GIFT^®). The Examiner's decision, which dismissed 110 previous grounds of
rejection and introduced a limited number of new rejections, is a non-final
action called an Action Closing Prosecution (ACP), and gives Gevo the
opportunity to respond to the limited new questions raised by the USPTO
The '808 Patent remains valid and fully enforceable during the reexamination
process. "Gevo will respond to the ACP and is confident that the remarks
presented in the response will be sufficient to overcome the limited number of
new rejections," said Brett Lund, Gevo's executive vice president and general
counsel. "Importantly, Gevo was successful in eliminating all of the previous
110 rejections presented in the first office action and the minimal number of
new rejections are based on obviousness as opposed to novelty."
Gevo continues to maintain full freedom to operate worldwide. This ACP does
not impact in any way Gevo's ability to commercialize isobutanol, nor does it
impact in any way Gevo's operations at its plant in Luverne, MN. Gevo has an
additional issued GIFT^® patent that solidly protects Gevo's isobutanol
recovery process in US Patent No. 8,283,505, entitled "Recovery of Higher
Alcohols for Dilute Aqueous Solutions", issued October 9, 2012. Furthermore,
Gevo has another issued patent broadly covering both Gevo's and Butamax
Advanced Biofuels LLC's (Butamax's) intended isobutanol recovery processes in
US Patent No. 8,304,588, entitled "Recovery of Higher Alcohols from Dilute
Aqueous Solutions", issued November 6, 2012.
Gevo is suing Butamax, a 50/50 joint venture between DuPont and BP, for
infringing the '808 Patent. This case is scheduled to go to trial in the US
District Court of Delaware in July of 2014.
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. For more information, visit www.gevo.com.
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, 2012
and in subsequent reports on Forms 10-Q and 8-K and other filings made with
the SEC by Gevo.
Gibbs & Soell for Gevo
T: (212) 697-2600
PR & Marketing Coordinator
T: (303) 588-6306
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Source: Gevo, Inc. via Thomson Reuters ONE
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