Thursday, March 31, 2011

Dissing competitors in a patent application

Within published US application 20110076733 (assigned to Gevo), one finds the text:

[0010]Isobutanol has been produced in recombinant microorganisms expressing a heterologous, five-step metabolic pathway (See, e.g., WO/2007/050671 to Donaldson et al., WO/2008/098227 to Liao et al., and WO/2009/103533 to Festel et al.). However, the microorganisms produced have fallen short of commercial relevance due to their low performance characteristics, including, for example low productivity, low titer, low yield, and the requirement for oxygen during the fermentation process. Thus, recombinant microorganisms exhibiting increased isobutanol productivity, titer, and/or yield are desirable.

The applicant for WO/2007/050671 ( PCT/US2006/041602: FERMENTIVE PRODUCTION OF FOUR CARBON ALCOHOLS ) is Du Pont, and priority is claimed to 60/730,290. A Du Pont US case claiming priority to 60/730,290 is application serial number 11/586315 (20070092957 ), which application produced US 7,851,188, issued on December 14, 2010. Exactly one month later,
on January 14, 2011, the entity Butamax (a joint venture of Du Pont and BP) sued Gevo on the claims of US 7,851,188.
[ Butamax (TM) Advanced Biofuels LLC v. Gevo Inc, Filed January 14, 2011, District Court Delaware, Doc. No. 1:11cv54 ]

US 20110076733 (Gevo) derives from application serial number 12/855276, filed August 12, 2010, and priority is claimed to U.S. Provisional Application Ser. No. 61/272,058, filed Aug. 12, 2009, and U.S. Provisional Application Ser. No. 61/272,059, filed Aug. 12, 2009 .

See previous IPBiz post

Gevo's response to Butamax infringement assertion re: US 7,851,188


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