Form 8-K





Washington, D.C. 20549









Date of Report (Date of earliest event reported): August 9, 2011



Gevo, Inc.

(Exact Name of Registrant as Specified in Charter)




Delaware   001-35073   87-0747704

(State or Other Jurisdiction

of Incorporation)



File Number


(I.R.S. Employer

Identification Number)

345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112

(Address of Principal Executive Offices) (Zip Code)

Registrant’s telephone number, including area code: (303) 858-8358


(Former Name, or Former Address, if Changed Since Last Report)



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




Item 8.01. Other Events.

On August 9, 2011, Butamax Advanced Biofuels LLC (“Butamax”), a joint venture between BP p.l.c. and E. I. du Pont de Nemours and Company, filed a complaint in the United States District Court for the District of Delaware, as C.A. No. 11-697, alleging that Gevo, Inc. (the “Company”) is infringing one or more claims made in US Patent No. 7,993,889, entitled “Fermentive Production of Four Carbon Alcohols.” This patent, which has been assigned to Butamax, discloses and claims methods for producing isobutanol using certain recombinant yeast microorganisms expressing an engineered isobutanol biosynthetic pathway. Butamax is seeking a declaratory judgment, injunctive relief, damages, interest, costs and expenses. The Company believes that it has meritorious defenses to these claims and intends to vigorously defend this lawsuit.

This complaint is in addition to the previously disclosed complaint filed by Butamax against the Company on January 14, 2011, in the United States District Court for the District of Delaware, as Case No. 1:11-cv-00054-UNA, alleging that the Company is infringing one or more claims made in US Patent No. 7,851,188 (the “Prior Complaint”). For a discussion of the risks related to the Prior Complaint and to intellectual property litigation in general, see the discussion of “Intellectual Property” under the “Business” section of the Company’s Annual Report on Form 10-K for the year ended December 31, 2010 filed by the Company with the Securities and Exchange Commission (the “SEC”) on March 29, 2011, and the “Risk Factors” section of the Company’s Quarterly Report on Form 10-Q for the period ended June 30, 2011 filed by the Company with the SEC on August 3, 2011, as well as any updates to such sections contained in the Company’s subsequent public disclosure documents.

Forward-Looking Statements

Certain statements in this Current Report on Form 8-K may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements relate to a variety of matters, including but not limited to: the Company’s ability to successfully enforce its intellectual property rights and defend its patents; the scope, validity and duration of the Company’s patent protection; the Company’s ability to raise sufficient capital to fund its operations, including any patent infringement litigation, and the impact of any such financing activity on the level of its stock price; the Company’s ability to operate its business without infringing the intellectual property rights of others; and other statements that are not purely statements of historical fact. These forward-looking statements are made on the basis of the current beliefs, expectations and assumptions of the management of the Company and are subject to significant risks and uncertainty. Investors are cautioned not to place undue reliance on any such forward-looking statements. All such forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to update or revise these statements, whether as a result of new information, future events or otherwise. Additional factors that could cause actual results to differ materially from the forward-looking statements contained herein are set forth in the Annual Report on Form 10-K of the Company for the year ended December 31, 2010, and in subsequent reports on Forms 10-Q and 8-K and other filings made with the SEC by the Company.


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


Gevo, Inc.

/s/ Mark Smith

  Mark Smith
  Chief Financial Officer

Date: August 10, 2011