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BUTAMAX(TM) ADVANCED BIOFUELS LLC v. GEVO, INC.

No. 2013-1342.

746 F.3d 1302 (2014)

BUTAMAX(TM) ADVANCED BIOFUELS LLC, Plaintiff-Appellant, v. GEVO, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 18, 2014.

Attorney(s) appearing for the Case

Leora Ben-Ami , Kirkland & Ellis, LLP, of New York, New York, argued for plaintiff-appellant. With her on the brief were Thomas F. Fleming , Christopher T. Jagoe , and Peter B. Silverman.

Michelle S. Rhyu , Cooley, LLP, of Palo Alto, CA, argued for defendant-appellee. With her on the brief were Stephen C. Neal , Benjamin G. Damstedt , Daniel J. Knauss , of Palo Alto, CA; and James P. Brogan , of Broomfield, CO.

Before RADER, Chief Judge, LINN, and WALLACH, Circuit Judges.

LINN, Circuit Judge.

Butamaxt Advanced Biofuels LLC ("Butamax") owns U.S. Pat. No. 7,851,188 ("'188 patent") and No. 7,993,889 ("'889 patent") (collectively, the "patents-in-suit") and appeals a final judgment entered against it following the district court's 1) claim construction and denial of Butamax's motion for summary judgment of literal infringement of the asserted claims of the '188 and '889 patents by Gevo, Inc. ("Gevo"), 2) grant of Gevo's motion for summary...

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