Had a quick look at the patents. Seem straightforward enough, all strength to them - they've been working at it for a while after all.
They requested accelerated examination (due to 'green' nature) and this went through from filing to grant within 6 months. (Rossi could do the same

!).
I don't understand the difference in their claims, though. The examiner did question the 'dual patenting' but let them all through in the end, first claims being:
7,794,969
1. A method for producing hydrocarbons, comprising: (i) culturing an engineered cyanobacterium in a culture medium, wherein said engineered cyanobacterium comprises a recombinant acyl ACP reductase (AAR) enzyme and a recombinant alkanal decarboxylative monooxygenase (ADM) enzyme; and (ii) exposing said engineered cyanobacterium to light and carbon dioxide, wherein said exposure results in the conversion of said carbon dioxide by said engineered cynanobacterium into n-alkanes, wherein at least one of said n-alkanes is selected from the group consisting of n-tridecane, n-tetradecane, n-pentadecane, n-hexadecane, and n-heptadecane, and wherein the amount of said n-alkanes produced is between 0.1% and 5% dry cell weight and at least two times the amount produced by an otherwise identical cyanobacterium, cultured under identical conditions, but lacking said recombinant AAR and ADM enzymes.
7,919,303
An engineered cyanobacterium, wherein said engineered cyanobacterium comprises a recombinant acyl-ACP reductase enzyme and a recombinant alkanal decarboxylative monooxygenase enzyme; and wherein said cyanobacterium, when cultured in the presence of light and carbon dioxide, produces n-alkanes, wherein at least one of said n-alkanes is selected from the group consisting of n-tridecane, n-tetradecane, n-pentadecane, n-hexadecane, and n-heptadecane, and wherein the amount of said n-alkanes produced is between 0.1% and 5% dry cell weight and at least two times the amount produced by an otherwise identical cyanobacterium, cultured under identical conditions, but lacking said recombinant acyl-ACP reductase and alkanal decarboxylative monooxygenase enzymes.
7,955,820
1. A method for producing hydrocarbons, comprising: (i) culturing an engineered cyanobacterium in a culture medium, wherein said engineered cyanobacterium comprises a recombinant acyl-ACP reductase enzyme and a recombinant alkanal decarboxylative monooxygenase enzyme, wherein at least one of said recombinant enzymes is heterologous with respect to said engineered cyanobacterium; and (ii) exposing said engineered cyanobacterium to light and carbon dioxide, wherein said exposure results in the conversion of said carbon dioxide by said engineered cynanobacterium into n-alkanes, wherein the predominant n-alkane is n-pentadecane.
REFERENCE TO A SEQUENCE LISTING
This application contains a computer-readable Sequence Listing which has been submitted via EFS-Web and is hereby incorporated by reference in its entirety. Said ASCII copy, created on Jul. 30, 2010, is named "17078_US_Sequence Listing.txt", lists 128 sequences, and is 332 kb in size.
Maybe they thought twice about the part of the claim
"and at least two times the amount produced by an otherwise identical cyanobacterium" which'd mean if you ran the method and only produced 1.99 times
the amount produced by an otherwise identical cyanobacterium then you'd not infringe it. It would be a tangle of legal cases to determine what
the amount produced by an otherwise identical cyanobacterium actually was. Bad feature of a claim. I am not keen to see 'wide, fishing' type claims that try to net everything, but there is no need to limit your claim like this!
Further, the first claim alone does not limit someone else manufacturing the bacterium, then giving it to another party to generate n-alkenes, because the first claim requires cultivation of the bacterium. Two parties working in complement could get around the first claim.
That's the problem with accelerating the claim. There is a teeny 'wriggle room' to make yourself clear and amend the specification before it is actually examined and granted, which they appears to have lost by accelerating the first application.
They petitioned for an accelerated examination
with the application. It is a choice I guess they came to regret at their leisure and then split the patent into a 'product' and a 'method' claim. Fortunately, they seem to have gotten away with it, but the latter two would, I think, now, be challengable by another party on the ground that this is double-patenting.
In the US, an accelerated claim means that 37 CFR 1.104 examination comes up quick. There is opportunity under 37 CFR 1.121 and 1.125 to make amendments before first office action. So don't request acceleration of your patent application (under s 1.102) too quick!! Sleep on it! No action is often the best course of action!
I think they only needed to patent the second claim.