Butamax(TM) Advanced Biofuels v. Gevo, Inc., No. 12-1490 (Fed. Cir. Nov. 16, 2012)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This appeal comes before the court following the de­ nial of a preliminary injunction in a patent infringement case. This court reviews such decisions for abuse of discretion. See Abbott Labs., Inc. v. Sandoz, Inc., 566 F.3d 1282, 1298-99 (Fed. Cir. 2009). Based on the record and this standard of review, this court affirms the denial of the preliminary injunction. Gevo, Inc. raised a substan­ tial question of validity concerning the asserted patent, a question which Butamax has failed to show "lacks sub­ stantial merit." See Amazon.com Inc. v.