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Knauf Insulation, Inc. v. Rockwool Int'l A/S

United States Court of Appeals for the Federal Circuit

October 15, 2019, Decided

2018-1810, 2018-1811, 2018-1891

Opinion

 [*730]  LINN, Chief Judge.

In this inter partes reexamination ("reexamination") the Patent Trial and Appeal Board ("Board") held that claims 16-22 of Knauf's U.S. Pat. No. 7,888,445 and claims 29-32 of Knauf's U.S. Pat. No. 7,772,347 (collectively, "appealed claims") were obvious, and that claims 1-15 of the '445 patent and claims 1, 2, 4, 5, 7-12, 14-18, and 22-28 of the '347 patent (collectively, "cross-appealed claims") are not unpatentable as obvious. Rockwool Int'l A/S v. Knauf Insulation LLC, App. No. 2015-001313, 2015 Pat. App. LEXIS 4200 (P.T.A.B. May 1, 2015) ("'445 Board Op. I"); Rockwool Int'l A/S v. Knauf Insulation LLC, App. No. 2015-004826 (P.T.A.B. Sept. 8, 2017) ("'445 Board Op. II"); Rockwool Int'l A/S v. Knauf Insulation LLC, App. No. 2017-004826, 2018 Pat. App. LEXIS 798 (P.T.A.B. Feb. 12, 2018) ("'445 Reh'g Op."); Rockwool [**2]  Int'l A/S v. Knauf Insulation LLC, App. No. 2015-001256, 2015 Pat. App. LEXIS 4199 (P.T.A.B. May 1, 2015) ("'347 Board Op. I"); Rockwool Int'l A/S v. Knauf Insulation LLC, App. No. 2015-004910 (P.T.A.B. Sept. 8, 2017) ("'347 Board Op. II"); Rockwool Int'l A/S v. Knauf Insulation LLC, App. No. 2015-004910, 2018 Pat. App. LEXIS 799 (P.T.A.B. Feb. 12, 2018) ("'347 Reh'g Op.").

On direct appeal, Knauf contests the Board's conclusion of obviousness of the appealed claims. Because substantial evidence does not support the combination of references relied on by the Board solely based on the similarity of their disclosed reactions, we vacate the Board's determination that the appealed claims were obvious and remand for further consideration. On cross-appeal, Rock-wool contests the Board's conclusions of non-obviousness of the cross-appealed claims. Because Rockwool lacks standing to assert a cross-appeal, we dismiss the cross-appeal.

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788 Fed. Appx. 728 *; 2019 U.S. App. LEXIS 30634 **; 2019 U.S.P.Q.2D (BNA) 392768

KNAUF INSULATION, INC., KNAUF INSULATION SPRL, Appellants v. ROCKWOOL INTERNATIONAL A/S, Cross-Appellant

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [**1] Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. 95/000,672, 95/000,675.

Disposition: VACATED-IN-PART, DISMISSED-IN-PART, AND REMANDED.

CORE TERMS

polyhydroxy, cross-appeal, reactants, reactions, teach, references, patent, polyacid, reexamination, melanoidin, similarity, sugar, ammonia, artisan, products, taught, amounts, combine, hydroxy, polycarboxylic, invention, compound, quantity, binder, amine, acid, prior art, carbohydrate, limitations, polyester

Constitutional Law, Case or Controversy, Standing, Elements, Patent Law, Jurisdiction & Review, Subject Matter Jurisdiction, Appeals, Subject Matter Jurisdiction