Teaching Away: Only Counts if the Reference Teaches Away from All Embodiments of the Claim

Owens Corning v. Fast Felt Corp (Fed. Cir. 2017)

After being sued for infringing Fast Felt's U.S. Patent No. 8,137,757, Owens Corning retaliated with a petition for inter partes review.  Although the PTO instituted the IPR, the PTAB eventually determined that the claims were not obvious -- i.e., that "Owens Corning had failed to show obviousness of any of the challenged claims."  On appeal, the Federal Circuit has reversed -- holding that under a proper BRI claim construction, that the claims are obvious.


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