By Robert Dailey —

Novozymes and Genencor (Danisco) reached a settlement involving Genencor’s infringement of U.S. Patent No. 6,867,031.  The patent covers alpha-amylases useful in the manufacture of fuel-grade ethanol.  As previously reported by Patent Docs, Novozymes had prevailed over Genencor in an infringement trial and subsequently proved that Genencor’s infringement had been willful.

According to news reports and a Novozymes press release, the settlement includes a $15.3 million cash payment.  This amount includes damages for infringement and attorneys’ fees.  Both companies also waived rights to appeal the district court decision.  Further details of the settlement remain secret.  Therefore, it is unclear whether the agreement also includes an ongoing license of the Novozymes technology.

The settlement is awaiting approval by the U.S. District Court in Delaware.

For additional information regarding this case, please see:

• Novozymes A/S v. Genencor Int’l, Inc. (D. Del. 2007): Novozymes Prevails on Willful Infringement Action Involving Enzyme for Ethanol Production – February 19, 2007

• Danisco to Pay $8.2M in Damages – March 1, 2007

Robert Dailey, Ph.D., is a physical chemist and a third-year law
student at the University of North Carolina at Chapel Hill.  Dr. Dailey
was a member of MBHB’s 2006 class of summer associates, and is a
regular Patent Docs contributor.