Preliminary Injunction Barring Defendant’s Entry Into Market Denied, but Irreparable Harm and De Novo Review of Claim Construction Warrant Temporary Injunction Pending Appeal

The court granted plaintiff's emergency motion to maintain the status quo (i.e., preclude defendant from entering the market) pending plaintiff's appeal of the court's denial of its motion for a preliminary injunction. "[T]he court recognizes that both its infringement and invalidity analyses were premised on the construction of certain key claim limitations. . . . Thus, while the court concluded in its memorandum opinion that 'plaintiff does not hold a valid patent, nor would the defendant infringe if it did,' the court readily acknowledges that the Federal Circuit could disagree with the court's construction of these key limitations and, consequently, its ultimate conclusions. . . . Defendant argues that de novo review of claim construction is not a sufficiently extraordinary circumstance to warrant a stay. The court agrees. However, the court notes that a strong showing of irreparable harm combined with the Federal Circuit's de novo review, can be sufficient. . . . [I]f the Federal Circuit reverses and finds the [patent-in-suit] valid and infringed, plaintiff will suffer irreparable harm if defendant is allowed to even seed the automotive fuel blending market, as said market is intended to account for 100% of its future commercial activity."

Butamax (TM) Advanced Biofuels LLC v. Gevo Inc., 1-11-cv-00054 (DED July 6, 2012, Order) (Robinson, J.).