U.S. Patent Office Institutes Inter Partes Review of All Claims of Neste's '094 Patent
05 Septembre 2013 - 3:00PM
Syntroleum Corporation (Nasdaq:SYNM) announced today the U.S.
Patent & Trademark Office Patent Trial and Appeal Board ("PTO")
decision issued on September 4, 2013 instituting an inter partes
review ("IPR") of all claims of Neste Oil's U.S. Patent No.
8,212,094. This decision follows Syntroleum's filing in March 2013
of its IPR petition challenging the validity of the '094 patent.
The PTO found that "there is a reasonable likelihood that
Syntroleum would prevail with respect to claims 1-20 of the '094
patent" based on the information presented.
Neste may file its response to Syntroleum's petition, including
any motion to amend the '094 patent, by November 4, 2013.
Syntroleum can then respond to Neste's submissions by January 6,
2014. Subsequently, the parties will have an opportunity to
cross-examine witnesses and prepare for oral argument, now
scheduled for April 1, 2014. Shortly afterward, the PTO will
issue a final decision on the validity of the '094 patent
claims.
Syntroleum and Neste are also parties to related district court
litigation filed by Neste on December 20, 2012 involving the '094
patent, Neste Oil, Oyj v. Syntroleum Corp. et al., 12cv1744
(D. Del.). On July 2, 2013, the District Court stayed this
lawsuit in view of the pending IPR petition. Likewise, an
earlier lawsuit filed by Neste on May 29, 2012 involving its U.S.
Patent No. 8,187,344 was stayed by the District Court based on
Syntroleum's inter partes reexamination request regarding the '344
patent. To date, the PTO has rejected both the original claims
of the '344 patent, as well as the amended and new claims submitted
by Neste, as obvious in view of the prior art. The '344
reexamination proceedings remain pending at the PTO under Reexam
Control Number 95/002,084.
Syntroleum denies Neste's infringement claims and will continue
to vigorously defend against the Neste patents, and remains
confident that its position will be vindicated. Syntroleum has
invested substantial time and resources in its proprietary
Bio-Synfining® technology and will likewise seek to defend and
enforce its intellectual property rights in venues around the
world.
About Syntroleum (Nasdaq:SYNM)
Syntroleum Corporation owns the Syntroleum® Process for
Fischer-Tropsch (FT) conversion of synthesis gas into liquid
hydrocarbons, the Synfining® Process for upgrading FT liquid
hydrocarbons into refined products, the Bio-Synfining® technology
for converting renewable feedstocks into drop-in fuels and a 50%
interest in Dynamic Fuels, LLC, which owns a 75 million gallon per
year Geismar, Louisiana renewable fuels plant using the
Bio-Synfining® technology. For additional information,
visit the Company's web site at www.syntroleum.com
This document may contain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995, as
well as historical facts. These forward-looking statements include
statements relating to the Fischer-Tropsch ("FT") process,
Syntroleum ® Process, Synfining ® Process, and related technologies
including, gas-to-liquids ("GTL"), coal-to-liquids ("CTL") and
biomass-to-liquids ("BTL"), our renewable fuels Bio-Synfining ®
Technology (hereinafter "Technologies"), plants based on these
Technologies, anticipated cost and schedule to design, construct
and operate plants, expected production of fuel, obtaining required
financing for these plants and other activities, the value and
markets for products, testing, certification, characteristics and
use of plant products, the continued development of our
Technologies, use of proceeds from our equity offerings,
anticipated revenues, availability of catalyst, our support of and
relationship with our licensees, and any other forward-looking
statements including future growth, cash needs, capital
availability, operations, business plans and financial results.
When used in this document, the words "anticipate," "believe,"
"estimate," "expect," "intend," "may," "plan," "project," "should"
and similar expressions are intended to be among the statements
that identify forward-looking statements. Although we believe that
the expectations reflected in these forward-looking statements are
reasonable, these kinds of statements involve risks and
uncertainties. Actual results may not be consistent with these
forward-looking statements. Syntroleum undertakes no obligation to
update or revise forward-looking statements to reflect changed
assumptions, the occurrence of unanticipated events or changes to
future operating results over time. Important factors that could
cause actual results to differ from these forward-looking
statements are described under "Item 1A. Risk Factors" and
elsewhere in our 2012 Annual Report on Form 10K.
®"Syntroleum", "Synfining", and "Bio-Synfining" are registered
as trademarks and service marks in the U.S. Patent and Trademark
Office.
CONTACT: Ron Stinebaugh
Syntroleum Corporation
(281) 224-9862
www.syntroleum.com
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