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U.S. Patent and Trademark Office Grants Gevo's Request for Reexamination and Invalidates Butamax Patent '889

ENGLEWOOD, Colo.--(BUSINESS WIRE)--Nov. 28, 2011-- Gevo, Inc. (NASDAQ: GEVO), a leading renewable chemicals and advanced biofuels company, today announced that the United States Patent and Trademark Office (USPTO) has agreed to reexamine U.S. Patent No. 7,993,889 (’889 Patent) owned by Butamax™ Biofuels LLC (Butamax), determining that substantial questions of patentability exist. In addition to granting the reexamination, the USPTO issued an office action finding that all challenged claims are invalid. The USPTO agreed with Gevo’s petition that substantial questions exist regarding whether others invented this technology first and that several scientific journal publications had described the technology before Butamax applied for the patent.

“This USPTO action means that key claims contained in the formerly granted patent are now invalid effective immediately and are subject to a complete inter party examination,” said Brett Lund, Gevo Executive Vice President and General Counsel. “The USPTO action raises serious questions regarding the merits of Butamax’s claims against Gevo and strengthens our position in the pending infringement lawsuit.”

Gevo’s patent portfolio consists of over 300 patents and applications for the economic production of isobutanol, process innovations and downstream product applications.

About Gevo

Gevo is converting existing ethanol plants into biorefineries to make renewable building block products for the chemical and fuel industries. The Company plans to convert renewable raw materials into isobutanol and renewable hydrocarbons that can be directly integrated on a “drop in” basis into existing chemical and fuel products to deliver environmental and economic benefits. Gevo is committed to a sustainable biobased economy that meets society’s needs for plentiful food and clean air and water. For more information, visit www.gevo.com

Forward-Looking Statements

Certain statements in this press release may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include statements that are not purely statements of historical fact, and can sometimes be identified by our use of terms such as “intend,” “expect,” “plan,” “estimate,” “future,” “strive” and similar words. These forward-looking statements are made on the basis of the current beliefs, expectations and assumptions of the management of Gevo and are subject to significant risks and uncertainty. Investors are cautioned not to place undue reliance on any such forward-looking statements. All such forward-looking statements speak only as of the date they are made, and the company undertakes no obligation to update or revise these statements, whether as a result of new information, future events or otherwise. Although the company believes that the expectations reflected in these forward-looking statements are reasonable, these statements involve many risks and uncertainties that may cause actual results to differ materially from what may be expressed or implied in these forward-looking statements. For a further discussion of risks and uncertainties that could cause actual results to differ from those expressed in these forward-looking statements, as well as risks relating to the business of Gevo in general, see the risk disclosures in the Annual Report on Form 10-K of Gevo for the year ended December 31, 2010, and in subsequent reports on Forms 10-Q and 8-K and other filings made with the SEC by Gevo.

Source: Gevo, Inc.

Media:
Peppercom for Gevo
Beth Starkin, 415-633-3222
bstarkin@peppercom.com
or
Investor:
Stern IR for Gevo
Julia Avery, 212-362-1200
julia@sternir.com