Gevo v. Butamax: Judge denies injunction request

Ethanol Producer Magazine
By Susanne Retka Schill
June 20, 2012

The latest chapter is near closure on the butanol patent dispute between Gevo Inc. and Butamax Advanced Biofuels LLC. In an opinion filed June 19, U.S. District Judge Sue Robinson denied Butamax’s request for a preliminary injunction. Just 10 days earlier, the judge had requested Gevo maintain the status quo until her ruling.

Butamax said in a statement following the June 19 ruling that it would make an immediate appeal.

Gevo and Butamax are locked in a drawn out patent dispute. Butamax is suing Gevo for patent infringement; Gevo has won a round with the U.S. Patent & Trademark Office in challenging Butamax’ patent as being invalid and has counter sued. Butamax filed a motion in September for a preliminary injunction asking the court to stop Gevo from infringing on their patent. On June 13, Butamax quickly trumpeted the court’s request that Gevo not sell any of its biobased isobutanol produced at its Luverne, Minn., facility to anyone but the two initial customers. Yesterday’s ruling denied the request for an injunction.

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