EMERACHEM HOLDINGS v. VOLKSWAGEN GROUP OF AMER.

No. 2016-1984.

859 F.3d 1341 (2017)

EMERACHEM HOLDINGS, LLC, Appellant v. VOLKSWAGEN GROUP OF AMERICA, INC., Appellee Joseph Matal, performing the functions & duties of the under Secretary of Commerce for Intellectual Property and Director, U.S. Patent & Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: June 15, 2017.


Attorney(s) appearing for the Case

MICHAEL J. BRADFORD , Luedeka Neely Group, PC, Knoxville, TN, argued for appellant. Also represented by JACOBUS C. RASSER , Amsterdam, The Netherlands.

STEVEN F. MEYER , Locke Lord LLP, New York, NY, argued for appellee. Also represented by SETH J. ATLAS , JOSEPH ANTHONY FARCO.

FRANCES LYNCH , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by NATHAN K. KELLEY , SCOTT WEIDENFELLER , MONICA BARNES LATEEF.

Before Moore, Clevenger, and Chen, Circuit Judges.


EmeraChem Holdings, LLC ("EmeraChem") appeals from a decision of the Patent Trial and Appeal Board ("Board") that claims 1-14 and 16-20 of U.S. Patent No. 5,599,758 ("the '758 patent") would have been obvious over U.S. Patent No. 5,451,558 ("Campbell '558"), Japanese Patent Application No. 62-106826 ("Saito"), and U.S. Patent...

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