The microorganisms were developed to convert sugar to isobutanol, a renewable biofuel for the transport market.

The ‘328 patent covers extraction and distillation of the isobutanol and process for recovering the solids produced during isobutanol fermentation.

Butamax CEO Paul Beckwith said, "Grant of this new patent supports the Butamax view that the USPTO will ultimately affirm the ‘188 and ‘889 patents at the conclusion of the re-examination process."

Butamax plans to add the ‘328 patent to its ongoing litigation against Gevo.

Butamax has requested for preliminary injunction against Gevo for infringing its ‘889 patent, for which a decision is expected in the near term while the case trial is scheduled for April 2013 with subsequent trials in July 2014.