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Owens Corning v. Fast Felt Corp.

Straight Reversal of IPR Nonobviousness Decision Warranted Where Record Could Support No Other Outcome

Owens Corning v. Fast Felt Corp., 2017 U.S. App. LEXIS 19827 (Fed. Cir. Oct. 11, 2016) (Newman, Dyk, TARANTO) (PTAB) (3 of 5 stars)

Fed Cir reverses IPR determination of non-obviousness. The PTAB analysis implicitly applied a claim interpretation that failed to reflect the broadest reasonable interpretation of a key term. The opinion discusses the record and concludes that the Board’s decision could only be understood as applying a narrow claim scope. Remand was unnecessary the record lacked evidence sufficient to overcome Owens Corning’s prima facie demonstration of obviousness. The opinion notes that, on appeal, Fast Felt did not seek remand should the Court agree with Owens Corning’s claim interpretation.

KEYWORDS: INTER PARTES REVIEW; OBVIOUSNESS (YES)