Lack of subject matter jurisdiction defense fails in DJ action

ButamaxAdvanced Biofuels LLC, et al., v. Gevo, Inc., C.A. No. 12-1301-SLR, May 2, 2013.

Robinson, J.  Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied.

Plaintiffs seek a declaratory judgment of noninfringement of a patent entitled “recovery of Higher Alcohols from Dilute Aqueous Solutions.”  The parties dispute whether there is an actual controversy. Defendant had earlier asserted infringement claims over a different patent which was similarly directed to the production of bio-isobutanol from fermentation broths. The court finds that under a totality of circumstances review, the pattern of litigation between the parties and the close relationship between the patents are sufficient to show the existence of an actual controversy.

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