Summary judgments issued in Gevo, Butamax patent dispute

By Erin Voegele | August 01, 2013

Butamax Advanced Biofuels LLC has announced that Judge Sue Robinson of the U.S. District Court for the District of Delaware granted its summary judgment motions for non-infringement of Gevo Inc.’s 8,017,375 (‘375) and 8,017,376 (‘376) patents on July 26. 

A document filed with the U.S. Securities and Exchange Commission on July 29 by Gevo specifies that the court “granted in part and denied in part Butamax’s motion for summary judgment of invalidity of the ‘375 and the ‘376 patent, denied a motion by Gevo…for the summary judgment of validity of the ‘376 patent, and denied Butamax’s motion to exclude expert testimony on the ‘376 patent.”

According the SEC filing, the court ruling is not material to the business of Gevo and is not material to any of the company’s other pending litigation cases with Butamax.

A press release issued by Butamax notes that the court granted its summary judgment motion for invalidity of the ‘375 patent, but stated there are issues of material fact related to the validity of the ‘376 patent, thereby precluding an entry of a summary judgment.

In its statement, Butamax CEO Paul Beckwith also said that the company’s appeal relating to its foundational ‘188 and ‘889 patents is progressing, with a Federal Circuit court hearing likely to take place before the end of the year.