Butamax Advanced Biofuels LLC, a joint venture of DuPont Co. and BP Plc (BP/), lost an appeals court bid to block Gevo Inc. (GEVO:US) from selling some of its biofuels products while a patent-infringement case is pending.
Gevo has raised “a substantial question of validity” of the Butamax patent, the U.S. Court of Appeals for the Federal Circuit said in upholding a judge’s decision not to issue a court ban. The court did say that U.S. District Judge Sue Robinson in Wilmington, Delaware should reconsider her interpretation of the patent. The case is part of a broader dispute between the two companies over genetically engineered microorganisms used to produce biofuels.
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