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Policy

Novozymes Sues Genencor over Enzyme for Ethanol

by WILLIAM STORCK
April 4, 2005 | A version of this story appeared in Volume 83, Issue 14

PATENT BATTLE

When fuel ethanol is discussed, people talk about the potential size of its fast-growing market. But few think about the potential market for chemicals that are used in making the fuel.

That changed when, last month, the Danish enzymes producer Novozymes sued Genencor International and Genencor's distributor, Enzyme Development Corp., for patent infringement. Novozymes and Genencor are the world's two largest enzyme makers. The complaint, filed in U.S. District Court in Delaware, claims that Genencor's Spezyme Ethyl ∝-amylase infringes on U.S. Patent No. 6,867,031, titled "Amylase Variants," issued to Novozymes on March 15.

The enzyme, according to Novozymes, is used for the liquefaction of starch-containing mashes in the production of ethanol. To effectively process the starch contained in dry-milled grains, ∝-amylases are needed to reduce dextrin chain length and mash viscosity prior to saccharification and fermentation with yeast into ethanol.

Novozymes has asked the court for a judgment that Genencor and Enzyme Development have infringed its patent. It has also asked for preliminary and permanent injunctions prohibiting the two companies from making, using, or offering the product for sale in the U.S., or importing it into the U.S. In addition, Novozymes is asking for treble damages, costs, and attorneys' fees.

In response, Genencor's general counsel, Margaret Horn, says, "We intend to vigorously defend ourselves from this suit and fully expect that Genencor will prevail before the court and demonstrate that Novozymes' allegations are baseless."

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