Friday, November 16, 2012

Claim construction in Butamax/Gevo case by Judge Robinson (D. Del.) questioned by CAFC

In a case between Butamax and Gevo, wherein Butamax was suing Gevo for patent infringement and unsuccessfully sought a preliminary injunction [PI], the CAFC affirmed D. Delaware's denial of the PI, but included the following text in the decision (written by Chief Judge Rader):

However, this court’s affirmance should not be read to endorse the trial court’s very questionable construction of the claim term “acetohydroxy acid isomeroreductase” – that is “as an enzyme that is solely NADPH dependent.”

The trial court should reconsider its construction when it holds a Markman hearing.

Counsel for Gevo was listed as GERALD J. FLATTMANN, JR., Paul Hastings LLP, of New York, New York.


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