Chemours Co. FC, LLC v. Daikin Industries, Ltd., No. 20-1289 (Fed. Cir. 2021)Annotate this Case
Daikin sought inter partes review of claims 1–7 of the 609 patent and of claims 3 and 4 of the 431 patent. The 609 patent relates to a unique polymer for insulating communication cables formed by pulling wires through melted polymer to coat and insulate the wires, a process called “extrusion.” Specifically, Chemours’s patents relate to a polymer with unique properties such that it can be formed at high extrusion speeds while still producing a high-quality coating on the communication cables. The claims provide that the polymer has a specific melt flow rate range, an indicator of how fast the melted polymer can flow under pressure, i.e., during extrusion. The Patent Trial and Appeal Board found all challenged claims of both patents to be unpatentable as obvious in view of the “Kaulbach” patent.
The Federal Circuit reversed. The Board’s decision on obviousness is not supported by substantial evidence and the Board erred in its analysis of objective indicia of nonobviousness. The Board apparently ignored the express disclosure in Kaulbach that teaches away from the claimed invention and relied on teachings from other references that were not concerned with the particular problems Kaulbach sought to solve.