In Delaware, Butamax Advanced Biofuels announced that a US Federal Circuit panel ruled that the District Court\u2019s narrow interpretation of Butamax\u2019s patents \u201cwas in error in the Butamax v Gevo fight.\u201d<\/p>\n
The Delaware district court\u2019s claim construction of Butamax\u2019s KARI was \u201can enzyme known by the EC number 1.1.1.86 that catalyzes the conversion of acetolactate to 2,3-dihydroxyisovalerate and is\u00a0NADPH-dependent.\u201d<\/p>\n
The Federal Circuit\u2019s new claim construction is that Butamax\u2019s KARI is \u201can enzyme, whether naturally occurring or otherwise, known by the EC number 1.1.1.86 that catalyzes the conversion of acetolactate to 2,3-dihydroxyisovalerate.\u201d So, basically the Federal Circuit deleted the part that the KARI is \u201cNADPH-dependent\u201d but still requires the KARI to be known by EC number 1.1.1.86<\/p>\n
The case will be remanded to the Delaware District Court using the revised claim construction and Butamax will need to prevail on two issues: 1) its patents are valid; and 2) Gevo infringes them.<\/p>\n
According to Butamax, \u201cthis decision paves the way for Butamax\u2019s infringement case against Gevo on core biobutanol production patents to proceed under a favorable claim construction.\u201d<\/p>\n
The company added: \u201cGevo argued non-infringement of Butamax\u2019s \u2018188 and \u2018889 patents by using a narrow definition of one of the enzymes in Butamax\u2019s biobutanol pathway (the KARI enzyme). The Federal Circuit said that the narrow definition was incorrect and made clear that the plain meaning of Butamax\u2019s patents applies. The Federal Circuit stated, that for the Butamax claims, a KARI enzyme is construed as \u201can enzyme, whether naturally occurring or otherwise, known by the EC 1.1.1.86 that catalyzes the conversion of acetolactate to 2,3-dihydroxyisovalerate.\u201d Gevo public documents admit that their enzyme performs this step and Gevo itself has referred to this type of modified enzyme as having E.C. 1.1.1.86. Thus, Butamax is confident it will succeed in its infringement suit against Gevo.<\/p>\n
Gevo said, \u201cOn 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.<\/p>\n
\u201cThe United States Patent and Trademark Office (USPTO) has already rejected and declared unpatentable, all of the claims of relevance to Gevo in Butamax\u2019s \u2018188 and \u2018889 patents. Even with this modification to the claim construction, Gevo\u2019s KARI is not known by EC number 1.1.1.86.<\/p>\n
Butamax added \u201cThe Federal Circuit also reversed the District Court\u2019s decision on summary judgment that two of the claims of the \u2018889 patent were invalid. The Federal Circuit stated that Butamax had raised sufficient basis to support its case for a jury trial on the validity of these claims. While the \u2018188 and \u2018889 patents are in reexamination at the USPTO, the patents remain valid and enforceable. These reexamination proceedings will continue for some time, however, they have already resulted in the USPTO examiner finding patentability of a Butamax patent claim. With this early indication of validity from the USPTO, Butamax is confident that key patent claims will withstand challenge. In addition to the \u2018188 and \u2018889 patents, Butamax has asserted six other patents against Gevo, three of which are set to go to trial this summer.<\/p>\n
Looks like a round to Butamax, though not a knock-out punch.<\/p>\n<\/div>\n
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