The Court of Appeals for the Federal Circuit in Washington, D.C. has issued a ruling affirming the May 2012 decision of Judge Barbara Crabb of the U.S. District Court for the Western District of Wisconsin that the Novozymes patent on an alpha-amylase enzyme used in the ethanol industry is invalid for lack of an adequate written description.

Ms. Soonhee Jang, vice president, IP Strategy and Chief IP Counsel, DuPont Industrial Biosciences said of the decision, “We are gratified the Court of Appeals affirmed the Wisconsin court’s ruling that the Novozymes patent is invalid. From the outset of this case, we have firmly believed Novozymes’ patent to be invalid. Today, the Court of Appeals recognized our rights in the marketplace as a true innovator providing customers with choices.”