Appeals Court Issues Opinion Sending Case Back to District Court
February 18 2014 - 05:13PM
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 and invalidity.
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.
About Gevo
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.
Forward-Looking Statements
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:
Robin Peak
Gevo, Inc.
T: (720) 267-8632
rpeak@gevo.com
Investor Contact:
Mike Willis
Gevo, Inc.
T: (720) 267-8636
mwillis@gevo.com
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