Gevo bites back in isobutanol biofuel area; goes after Butamax with US 8,017,375
A press release related to Gevo's US 8,017,375 (issued Sept. 13) notes:
Gevo's PDC Patent focuses on converting an ethanol producing yeast into an isobutanol producing one. This significant discovery virtually eliminates ethanol production in yeast and enables Gevo's yeast to survive and thrive by producing isobutanol at high yields. (...)
"In layman's terms, these inventions, and others addressed in Gevo's pending patent applications, help to turn an industrial yeast strain into a highly efficient cell factory to produce isobutanol," said Brett Lund, EVP & General Counsel of Gevo. "We used synthetic biology to reprogram the yeast to make isobutanol instead of ethanol. In other words, we changed the yeast so that it makes what we want instead of what it wants, and we made it so it does it really well." (...)
"Our lawsuit is based on Butamax's own publications describing their use of the technology that Gevo invented first and for which we have received patents," said Mr. Lund. "We expect the breadth and strength of our patent estate to grow considerably over the coming months as our patent applications convert into granted patents."
As Werner Wolf would say, let's go to the videotape, in this case the file history of Gevo's patent. Back on 28 April 2011, Gevo made a response to a rejection by the Examiner. The Examiner had rejected claims 131-149 of Gevo's application over US 7,851,188 (of Donaldson/Butamax) because the '188 had disclosed the genes encoding the enzymes for isobutanol synthesis. But Butamax had NOT disclosed pdc disruption. For that, the Examiner cited van Maris (2004), and thus gave a 103 rejection. Gevo overcame this by adding the requirement: an .alpha.-ketoisovalerate decarboxylase from Lactococcus lactis to catalyze the conversion of .alpha.-ketoisovalerate to isobutyraldehyde.
Claim 1 of issued US 8,017,375 states:
A recombinant yeast microorganism for producing isobutanol, the recombinant yeast microorganism comprising an isobutanol producing metabolic pathway, wherein said isobutanol producing metabolic pathway comprises the following substrate to product conversions: (i) pyruvate to acetolactate; (ii) acetolactate to 2,3-dihydroxyisovalerate; (iii) 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; (iv) .alpha.-ketoisovalerate to isobutyraldehyde; and (v) isobutyraldehyde to isobutanol; wherein said recombinant yeast microorganism expresses: (a) an acetolactate synthase to catalyze the conversion of pyruvate to acetolactate; (b) a ketol-acid reductoisomerase to catalyze the conversion of acetolactate to 2,3-dihydroxyisovalerate; (c) a dihydroxy acid dehydratase to catalyze the conversion of 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; (d) an .alpha.-ketoisovalerate decarboxylase from Lactococcus lactis to catalyze the conversion of .alpha.-ketoisovalerate to isobutyraldehyde; and (e) an alcohol dehydrogenase to catalyze the conversion of isobutyraldehyde to isobutanol; wherein the recombinant yeast microorganism has been engineered to disrupt, mutate, or delete one or more endogenous pyruvate decarboxylase (PDC) genes, wherein said recombinant yeast microorganism has reduced endogenous PDC activity as compared to the corresponding yeast microorganism that has not been engineered to have reduce endogenous PDC activity, and wherein said recombinant yeast microorganism produces: (A) isobutanol at a yield which is at least 10% of the theoretical yield of isobutanol from glucose; and/or (B) ethanol at a yield which is 1.8% or less of the theoretical yield of ethanol from glucose.
For reference, US 8,017,375 of Gevo claims priority to U.S. Provisional Application Ser. No. 61/016,483 filed Dec. 23, 2007.
The first claim of the Butamax '188 patent states:
A recombinant microbial host cell comprising heterologous DNA molecules encoding polypeptides that catalyze substrate to product conversions for each step below: i) pyruvate to acetolactate; ii) acetolactate to 2,3-dihydroxyisovalerate; iii) 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; and iv) .alpha.-ketoisovalerate to isobutyraldehyde; wherein said microbial host cell produces isobutanol; and wherein a) the polypeptide that catalyzes a substrate to product conversion of pyruvate to acetolactate is acetolactate synthase having the EC number 2.2.1.6; b) the polypeptide that catalyzes a substrate to product conversion of acetolactate to 2,3-dihydroxyisovalerate is acetohydroxy acid isomeroreductase having the EC number 1.1.1.86; c) the polypeptide that catalyzes a substrate to product conversion of 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate is acetohydroxy acid dehydratase having the EC number 4.2.1.9; d) the polypeptide that catalyzes a substrate to product conversion of .alpha.-ketoisovalerate to isobutyraldehyde is branched-chain .alpha.-keto acid decarboxylase having the EC number 4.1.1.72.
The nonprovisional of the '188 patent was filed October 25, 2006 and the application [ 20070092957 ] was published April 26, 2007. Priority claimed to U.S. Provisional Application Ser. No. 60/730,290, filed Oct. 26, 2005.
See post by Doris de Guzman with text Gevo said the lawsuit is based on Butamax's own publications describing their use of the technology that Gevo claimed to have invented first and now received the patents.(...)If readers recall, Butamax first filed its own lawsuit against Gevo on January, alleging that Gevo had infringed one of Butamax's patents issued in December 2010.
Previous IPBiz posts
Gevo's inter partes re-exam request as to US 7,851,188
http://ipbiz.blogspot.com/2011/08/gevos-response-to-second-butamax.html
Also:
US 8,017,376
Gevo's PDC Patent focuses on converting an ethanol producing yeast into an isobutanol producing one. This significant discovery virtually eliminates ethanol production in yeast and enables Gevo's yeast to survive and thrive by producing isobutanol at high yields. (...)
"In layman's terms, these inventions, and others addressed in Gevo's pending patent applications, help to turn an industrial yeast strain into a highly efficient cell factory to produce isobutanol," said Brett Lund, EVP & General Counsel of Gevo. "We used synthetic biology to reprogram the yeast to make isobutanol instead of ethanol. In other words, we changed the yeast so that it makes what we want instead of what it wants, and we made it so it does it really well." (...)
"Our lawsuit is based on Butamax's own publications describing their use of the technology that Gevo invented first and for which we have received patents," said Mr. Lund. "We expect the breadth and strength of our patent estate to grow considerably over the coming months as our patent applications convert into granted patents."
As Werner Wolf would say, let's go to the videotape, in this case the file history of Gevo's patent. Back on 28 April 2011, Gevo made a response to a rejection by the Examiner. The Examiner had rejected claims 131-149 of Gevo's application over US 7,851,188 (of Donaldson/Butamax) because the '188 had disclosed the genes encoding the enzymes for isobutanol synthesis. But Butamax had NOT disclosed pdc disruption. For that, the Examiner cited van Maris (2004), and thus gave a 103 rejection. Gevo overcame this by adding the requirement: an .alpha.-ketoisovalerate decarboxylase from Lactococcus lactis to catalyze the conversion of .alpha.-ketoisovalerate to isobutyraldehyde.
Claim 1 of issued US 8,017,375 states:
A recombinant yeast microorganism for producing isobutanol, the recombinant yeast microorganism comprising an isobutanol producing metabolic pathway, wherein said isobutanol producing metabolic pathway comprises the following substrate to product conversions: (i) pyruvate to acetolactate; (ii) acetolactate to 2,3-dihydroxyisovalerate; (iii) 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; (iv) .alpha.-ketoisovalerate to isobutyraldehyde; and (v) isobutyraldehyde to isobutanol; wherein said recombinant yeast microorganism expresses: (a) an acetolactate synthase to catalyze the conversion of pyruvate to acetolactate; (b) a ketol-acid reductoisomerase to catalyze the conversion of acetolactate to 2,3-dihydroxyisovalerate; (c) a dihydroxy acid dehydratase to catalyze the conversion of 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; (d) an .alpha.-ketoisovalerate decarboxylase from Lactococcus lactis to catalyze the conversion of .alpha.-ketoisovalerate to isobutyraldehyde; and (e) an alcohol dehydrogenase to catalyze the conversion of isobutyraldehyde to isobutanol; wherein the recombinant yeast microorganism has been engineered to disrupt, mutate, or delete one or more endogenous pyruvate decarboxylase (PDC) genes, wherein said recombinant yeast microorganism has reduced endogenous PDC activity as compared to the corresponding yeast microorganism that has not been engineered to have reduce endogenous PDC activity, and wherein said recombinant yeast microorganism produces: (A) isobutanol at a yield which is at least 10% of the theoretical yield of isobutanol from glucose; and/or (B) ethanol at a yield which is 1.8% or less of the theoretical yield of ethanol from glucose.
For reference, US 8,017,375 of Gevo claims priority to U.S. Provisional Application Ser. No. 61/016,483 filed Dec. 23, 2007.
The first claim of the Butamax '188 patent states:
A recombinant microbial host cell comprising heterologous DNA molecules encoding polypeptides that catalyze substrate to product conversions for each step below: i) pyruvate to acetolactate; ii) acetolactate to 2,3-dihydroxyisovalerate; iii) 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate; and iv) .alpha.-ketoisovalerate to isobutyraldehyde; wherein said microbial host cell produces isobutanol; and wherein a) the polypeptide that catalyzes a substrate to product conversion of pyruvate to acetolactate is acetolactate synthase having the EC number 2.2.1.6; b) the polypeptide that catalyzes a substrate to product conversion of acetolactate to 2,3-dihydroxyisovalerate is acetohydroxy acid isomeroreductase having the EC number 1.1.1.86; c) the polypeptide that catalyzes a substrate to product conversion of 2,3-dihydroxyisovalerate to .alpha.-ketoisovalerate is acetohydroxy acid dehydratase having the EC number 4.2.1.9; d) the polypeptide that catalyzes a substrate to product conversion of .alpha.-ketoisovalerate to isobutyraldehyde is branched-chain .alpha.-keto acid decarboxylase having the EC number 4.1.1.72.
The nonprovisional of the '188 patent was filed October 25, 2006 and the application [ 20070092957 ] was published April 26, 2007. Priority claimed to U.S. Provisional Application Ser. No. 60/730,290, filed Oct. 26, 2005.
See post by Doris de Guzman with text Gevo said the lawsuit is based on Butamax's own publications describing their use of the technology that Gevo claimed to have invented first and now received the patents.(...)If readers recall, Butamax first filed its own lawsuit against Gevo on January, alleging that Gevo had infringed one of Butamax's patents issued in December 2010.
Previous IPBiz posts
Gevo's inter partes re-exam request as to US 7,851,188
http://ipbiz.blogspot.com/2011/08/gevos-response-to-second-butamax.html
Also:
US 8,017,376
posted by Lawrence B. Ebert at 6:44 PM
1 Comments:
'375 patent declared invalid in D Del.
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