Appeals Court Issues Opinion Sending Case Back to District Court
Court Orders District Court Proceedings Considering Revised Claim
ENGLEWOOD, Colo., Feb. 18, 2014 (GLOBE NEWSWIRE) -- Gevo, Inc. (Nasdaq:GEVO),
the world's only commercial producer of renewable isobutanol, announced today
that the U.S. Court of Appeals for the Federal Circuit (Appeals Court) issued
a decision in a patent case involving Butamax's Patent Nos. 7,851,188 ('188
Patent) and 7,993,889 ('889 Patent). The appeals court offered a new
interpretation of a disputed claim term, vacated the district court's prior
rulings, and ordered the court to reconsider issues related to infringement
On remand, two issues remain to be determined: 1) whether the patents are
valid; and 2) whether Gevo infringes them under the new claim interpretation.
The claims of the two Butamax patents at issue are currently under
reexamination at the United States Patent and Trademark Office (USPTO), which
has declared them unpatentable. Gevo believes that it does not infringe any
valid claims, and at this time maintains freedom to produce and sell
isobutanol worldwide and into all markets.
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 has executed initial
commercial-scale production runs at its isobutanol facility in Luverne, Minn.,
constructed in conjunction with ICM, a leading provider of proprietary ethanol
process technology, and has a marquee list of partners including The Coca-Cola
Company, Sasol Chemical Industries, and LANXESS, Inc., an affiliate of LANXESS
Corporation, 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,
as amended, and in subsequent reports on Forms 10-Q and 8-K and other filings
made with the SEC by Gevo.
CONTACT: Media Contact:
T: (720) 267-8632
T: (720) 267-8636
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