Butamax adds isobutanol patent, Gevo responds to infringement
March 30, 2011
BY Bryan Sims
Butamax Advanced Biofuels LLC, a BP-DuPont collaboration, has been granted patent number 7,910,342, entitled, “Fermentive Production of Isobutanol Using Highly Active Ketol-Acid Reductoisomerase Enzymes”, by the U.S. Patent and Trademark Office. Specifically, the patent covers a key step in the biobutanol production pathway using genetic constructs with highly active enzymes and provides added strength to Butamax’s granted patent portfolio. The patent is one of several filed by Butamax and examined under the USPTO Technology Pilot Program.
“We pioneered microbial production of isobutanol as a single fermentative product and we are pleased that the U.S. patent office has recognized our inventive contributions in this field again,” said Butamax CEO Tim Potter. “This patent-protected technology is important because it enables commercially viable production rates.”
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Butamax was granted patent 7,851,188 in December, titled, “Fermentive Production of Four Carbon Alcohols,” which specifically covers various recombinant microorganisms including yeast host cells and expresses classes of enzymes that catalyze the metabolic pathway for producing biobutanol at commercial scale. This foundational patent also includes methods for producing biobutanol and the fermentation medium in which the biobutanol is produced.
Consequently, in January, Butamax issued a patent infringement complaint against Englewood, Colo.-based Gevo Inc. for its alleged use of the 7,851,188 patent. The lawsuit was filed by Butamax in U.S. Federal District Court in the District of Delaware.
Gevo responded to the ongoing litigation in a release stating, “Our answer, filed in Delaware district court, formally denies all claims of infringement, as we use Gevo's Integrated Fermentation Technology, which is covered by more than 150 patent applications, and is a different approach than the one described in the Butamax patent. We will vigorously defend against the claims asserted in the complaint."
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Christine Lhulier, vice president and chief counsel for Butamax, said, “We are the only company to hold issued patents for this technology,” adding, “by obtaining and protecting our intellectual property portfolio, we ensure the highest sustainable value for our customers and licensees. Because our technology is not dependent on ongoing royalties to multitudes of third party technology providers, Butamax is able to provide higher financial returns for converting ethanol capacity to biobutanol production.”
Lhulier added, “We are uniquely positioned to provide unfettered access to the most advanced technology for producing biobutanol. We will continue to secure for our customers and licensees the ability to modify their production capacity to ensure sustainable growth for the biofuels industry.”
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