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Gevo, Inc. Message Board

  • mofisher22 mofisher22 May 10, 2013 9:18 AM Flag

    Could someone explain what the court ruling means to GEVO sp?

    Thanks in advance

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    • It means shorts will make a little cash on the news today.
      It means GEVO has just saved how many Millions not having to goto court in August.
      It means GEVO now has Millions more it could use for a BUYBACK on top of the Millions they saved in April.

      My personal thoughts......I thought the August suit was frivolous for GEVO. I never agreed with it. The only reason you would sue a corporation who isn't producing anything is to injure it. BP and DuPont have too much money for that to be an effective strategy for GEVO. I'm glad the judge put a halt to it.

      The only strategy GEVO needs to focus on is proving that Isobutanol can be made at commercial scale. When and if we see that, maybe in June it will be the 1st in the world...GEVOs advantage will be clear.

    • Not sure.....Butamax has plenty of warped press releases. it seems kind of contractictory to this from just a few days ago.

      Judge Robinson recently denied a motion to dismiss for lack of subject matter jurisdiction filed by Gevo in its ongoing biofuel patent infringement dispute with Butamax and DuPont. Butamax filed the action in question against Gevo seeking a declaratory judgment of non-infringement of a certain patent (the “’505 patent”). The ’505 patent is a continuation of a patent at issue in one of the other fifteen cases pending between the parties (the “’808 patent”). Gevo responded with the motion to dismiss, raising a challenge to declaratory judgment jurisdiction. See Butamax Advanced Biofuels LLC v. Gevo, Inc., C.A. No. 12-1301-SLR, Memorandum Order at 1-5 (D. Del. May 2, 2013).

      Although the ’505 patent was terminally disclaimed over the ’808 patent, Gevo alleged that claims of the ’505 patent were “distinct from those of the ’808 patent [and] thus, Gevo’s assertion of infringement of the ’808 patent [did] not necessarily implicate the ’505 patent.” Id. at 5. Judge Robinson concluded, however, that “[c]omparing the claims of the ’505 patent and the ’808 patent . . . there are substantial similarities in the claimed subject matter.” Moreover, “the pattern of litigation between the parties and the close relationship between the patents constitute facts sufficient to show the existence of an actual controversy between the parties.” Id. Futhermore, Gevo’s assertion that it “lack[ed] sufficient information regarding the fermentation conditions of Butamax and DuPont’s products to determine if they infringe the ’505 patent” was unconvincing given that “the ’505 patent in a continuation of the ’808 patent and Gevo has not offered Butamax and DuPont a covenant not to sue on the ’505 patent.” Id. at n.3. Accordingly, Judge Robinson found that a sufficient controversy existed for declaratory judgment jurisdiction and denied the motion to dismiss.

0.511+0.0010(+0.20%)Aug 26 3:59 PMEDT