FEDERAL CIRCUIT REVERSES PTAB FOR APPLYING WRONG STANDARD IN IPR

OWENS CORNING v. FAST FELT CORPORATION, Appeal No. 2016-2613 (Fed. Cir. October 11, 2017).  Before Newman, Dyk and Taranto.  Appealed from PTAB.  (Obviousness)
Background:

Fast Felt holds a patent related to printing nail tabs or reinforcement strips for roofing material.  Fast Felt sued Owens Corning for infringement based on Owens Corning’s SureNail products, in response to which Owens Corning petitioned the Board for inter partes review of Fast Felt’s claims based on a theory of obviousness.

Although the Board agreed with Owens Corning that all of the claimed features were found separately in the cited references, the Board determined that Owens Corning had failed to show that it would have been obvious for a skilled artisan to combine the teachings of the references to reach the claimed method.  Owens Corning appealed.

Issue/Holding:

Did the Board err in finding the claims were not obvious?  (continue reading)

Summary by:  Graham Nelson

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