Gevo Asks High Court To Rein In Fed. Circ. Patent Review

By Alex Lawson (May 5, 2014, 12:22 PM EDT) -- Gevo Inc. has asked the U.S. Supreme Court to clarify the standard that the Federal Circuit should use when reviewing a lower court's claim construction, claiming that the appeals court overreached in reviving a biofuel patent suit from rival Butamax Advanced Biofuels LLC.

Gevo said that the Federal Circuit violated the Federal Rules of Civil Procedure by declining to let the lower court's claim construction stand untouched in the absence of clear error. The decision from the Federal Circuit revived a patent infringement suit from Butamax, a joint venture between BP PLC and DuPont Co., after determining that the district judge misinterpreted a key...

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