A federal judge in Delaware has denied a motion for an injunction by a DuPont-BP joint venture to stop a Colorado company from marketing biofuels.
Butamax Advanced Biofuels, a joint venture of DuPont and BP, had claimed Gevo, violated its patents. Both companies are working to develop alternate fuels for vehicles and equipment. The company operates a biofuels plant in Minnesota.
Butamax, which is based in Wilmington, Del., will continue to press its claims.
“The court’s decision is not a final determination of infringement or invalidity concerning the 188 and 889 patents as it is merely a determination that the extraordinary remedy of a preliminary injunction is not available at this time. This is an early step in a long and complex litigation process,” said Paul Beckwith, Butamax CEO. “We remain highly confident in the
ultimate outcome of this case and our other cases against Gevo.”
U.S. District Court Judge Sue L. Robinson’s ruled that Butamax did not hold a valid patent .
In Septemer, Butamax petitioned the court for a preliminary injunction against Gevo and accused Gevo of infringing on the pateint.
Gevo stated that the The U.S. States Patent & Trademark Office has also rejected Butamax’s challenges.
“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.
Gevo is also a joint venture that includes French petroleum giant Total as one of the partners.
