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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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