Fed. Circ. Revives Butamax Biofuel Patent Suit Against Gevo

By Ryan Davis (February 18, 2014, 5:26 PM EST) -- A suit by BP PLC and DuPont Co.'s joint venture Butamax Advanced Biofuels LLC against rival Gevo Inc. over biofuel patents got new life Tuesday when the Federal Circuit vacated a ruling that Gevo didn't infringe the patents, citing an incorrect claim construction.

The appeals court ruled that U.S. District Judge Sue L. Robinson incorrectly construed a key term when she granted summary judgment to Gevo that it didn't infringe Butamax's patents on a cell that produces the biofuel isobutanol.

The Federal Circuit vacated that ruling, as well as one denying Butamax's motions for summary judgment that Gevo infringed, and remanded...

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