Englewood, CO—August 18, 2011— Gevo, Inc. (NASDAQ: GEVO), a leading renewable chemicals and advanced biofuels company, is filing today for reexamination with the United States Patent and Trademark Office (USPTO) to invalidate the Butamax™ Advanced Biofuels LLC (Butamax) patent 7,851,188 issued in December 2010 (’188 Patent). Gevo is preparing and will soon file a second petition with the USPTO requesting a reexamination and invalidation of Butamax’s patent 7,993,889, issued on August 9, 2011 (‘889 Patent). Butamax initially filed its lawsuit involving the ‘188 Patent on January 14, 2011 and amended its lawsuit on August 11, 2011 to include the related ‘889 Patent.
“The technologies and process steps combined in the claims of the ‘188 Patent and ‘889 Patent were known in the field, published in numerous scientific journals, or invented by others, including Gevo, before Butamax applied for their patents. Consequently, we believe both Butamax patents are invalid,” said Brett Lund, Gevo Executive Vice President and General Counsel. “Furthermore, Gevo does not use the technology claimed in these patents. We use our own distinct technology, GIFT® (Gevo Integrated Fermentation Technology®), which is covered by more than 150 patent applications and enables the efficient production of isobutanol.”
Gevo is converting existing ethanol plants into biorefineries to make renewable building block products for the chemical and fuel industries. The Company plans to convert renewable raw materials into isobutanol and renewable hydrocarbons that can be directly integrated on a “drop in” basis into existing chemical and fuel products to deliver environmental and economic benefits. Gevo is committed to a sustainable biobased economy that meets society’s needs for plentiful food and clean air and water. For more information, visit www.gevo.com
Notice Regarding Forward-Looking Statements
Certain statements in this press release may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include statements that are not purely statements of historical fact, and can sometimes be identified by our use of terms such as “intend,” “expect,” “plan,” “estimate,” “future,” “strive” and similar words. These forward-looking statements are made on the basis of the current beliefs, expectations and assumptions of the management of Gevo and are subject to significant risks and uncertainty. Investors are cautioned not to place undue reliance on any such forward-looking statements. All such forward-looking statements speak only as of the date they are made, and the company undertakes no obligation to update or revise these statements, whether as a result of new information, future events or otherwise. Although the company believes that the expectations reflected in these forward-looking statements are reasonable, these statements involve many risks and uncertainties that may cause actual results to differ materially from what may be expressed or implied in these forward-looking statements. For a further discussion of risks and uncertainties that could cause actual results to differ from those expressed in these forward-looking statements, as well as risks relating to the business of Gevo in general, see the risk disclosures in the Annual Report on Form 10-K of Gevo for the year ended December 31, 2010, and in subsequent reports on Forms 10-Q and 8-K and other filings made with the SEC by Gevo.