Butamax Granted Biobutanol DHAD Enzyme Patent 8,241,878; Files Additional Lawsuit against Gevo for Patent Infringement
(Butamax) Butamax™ Advanced Biofuels, LLC, the biobutanol technology leader, announced today the United States Patent and Trademark Office (USPTO) has granted Butamax™ Patent Number 8,241,878. This patent provides early protection for high activity enzymes that perform a key a step in the pathway for making isobutanol.
“Butamax was first to identify the superior activity of these DHAD enzymes for the production of isobutanol,” said Paul Beckwith, Butamax CEO, “and we are pleased to add this patent to our extensive intellectual property portfolio.” These DHAD enzymes perform the third of the five steps in the engineered isobutanol biosynthetic pathway invented by Butamax.
Butamax filed an additional lawsuit against Gevo today for infringement of this patent. Butamax continues to vigorously defend its patent rights and seeks expedited proceedings to stop Gevo’s ongoing infringement. The priority dates of Butamax’s foundational and subsequent patents, including the ‘878 patent, demonstrate that Butamax innovated the key technology for isobutanol production years before Gevo patents were filed. In fact, Butamax’s priority for the ‘878 patent is well before Gevo filings related to DHAD enzymes.
In related news, the Federal Circuit has granted Butamax’s request for an expedited appeal of the recent preliminary injunction decision. Butamax’s enforcement activities, including the expedited appeal, are solely intended to protect its pioneering position and its patent rights.
Briefing under the expedited appeal is to be completed in September at which time a hearing will be scheduled. Butamax expects a favorable decision in early 2013. In the meantime, the Federal Circuit has granted a stay, pending appeal, of the injunction recently issued against Gevo. READ MORE