In addition to achieving this significant victory before the Court in Delaware, Gevo continues to make strides within the United States Patent & Trademark Office (USPTO). Consistent with the Court’s findings, the USPTO has rejected all of the Butamax claims that Gevo has challenged, finding those claims rejected as unpatentable in view of a substantial collection of prior art as indicated in reexamination case files (Serial No. 95/001,735 for the ‘889 Patent and Serial No. 95/001,857 for the ‘188 Patent).“We are up against two of the biggest companies in our industry (BP and DuPont) and believe that Butamax’s failed motion and ongoing infringement claims are without merit and are merely attempts to derail Gevo’s progress,” said Lund. “But we have prevailed. We’ve commenced the startup of our Luverne Plant, proved to the USPTO that Butamax’s ‘889 and ‘188 patents are unpatentable and won the preliminary injunction hearing convincingly. We are ready to move on with the commercialization of renewable isobutanol for the benefit of our customers in the chemical and fuels industries.
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