DuPont Claims Win in Ethanol Enzyme Lawsuit

DuPont_logoDuPont is claiming victory in a lawsuit over a patent on an enzyme to help produce ethanol. Ethanol Producer Magazine reports the case between DuPont-owned Danisco and Novozymes has been ordered to be returned to the U.S. District Court for the Northern District of California.

A DuPont spokesperson noted that the ruling was a win for Danisco DuPont. DuPont acquired Genencor International, an ethanol enzyme company, in 2011. “A panel of three judges ruled that the trial court should not have dismissed as premature Danisco’s declaratory judgment lawsuit against Novozymes given the two companies’ extensive history of patent litigation and Patent Office disputes involving alpha amylase enzymes (genetically modified industrial enzymes used for converting corn and other plant material into ethanol),” the statement said. “In the lawsuit that is now revived, Danisco sought a declaration that (1) its RSL alpha amylase enzymes did not infringe Novozymes’ ‘573 patent; (2) that the Novozymes ‘573 patent was invalid, and (3) that Danisco’s ‘240 patent had priority over Novozymes’ ‘573 patent.”

Meanwhile, Novozymes officials say they now consider the case closed, and the “decision does not in any way change or limit Novozymes’ product offerings to customers and the decision does not affect Novozymes’ financial outlook.”

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