Gevo Sues Butamax, DuPont Over U.S. Patent for Biofuels

Gevo Inc. (GEVO), a maker of biofuels, sued DuPont Co. (DD) and its business partner Butamax Advanced Biofuels (0031863D), in federal court in Delaware alleging infringement of a new patent for alcohol fermentation processes.

The patent, awarded today to Englewood, Colorado-based Gevo, covers methods for alcohol recovery at reduced cost, according to its written description.

Gevo contends Butamax -- a joint venture between Wilmington, Delaware-based DuPont and Britain’s BP Plc -- and DuPont “perform the methods described” in the patent without Gevo’s authorization and should pay unspecified damages after a jury trial.

The companies have been sparring over biofuel patent rights. Last year, Gevo asked the U.S. Patent and Trademark Office to review validity of a Butamax patent for a fuel additive, questioning who was first to invent the technology.

Gevo rose 8 cents to $6.94 in early Nasdaq trading today in New York. DuPont fell 41 cents to $48.94 in New York Stock Exchange trading.

The case is Gevo v. Butamax, 12-cv-70 U.S. District Court, District of Delaware (Wilmington).

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at dmccarty@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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