Indiana Intellectual Property Law News
Indianapolis, Indiana – Indiana patent attorneys for Knauf Insulation, LLC of Shelbyville, Indiana; Knauf Insulation GmbH of Iphofen, Germany; and Knauf Insulation SPRL of Visé, Belgium filed a patent infringement lawsuit in the Southern District of Indiana alleging that Johns Manville Corporation and Johns Manville, Inc., both of Denver, Colorado, infringed Patent Nos. 8,114,210 and 8,940,089, both for “Binders,” and D631,670 for “Insulation Material.”
Plaintiffs Knauf Insulation GmbH, Knauf Insulation SPRL, and Knauf Insulation, LLC are affiliated companies (collectively, “Knauf Insulation”). They produce and sell building materials including fiberglass insulation and related products. Defendants Johns Manville Corporation and Johns Manville, Inc., which are wholly owned subsidiaries of Berkshire Hathaway Inc., are stated to be direct competitors of Knauf Insulation GmbH and Knauf Insulation, LLC in the U.S. for fiberglass insulation products.
Plaintiffs Knauf Insulation SPRL and Knauf Insulation, LLC are each owners of one-half undivided interests of United States Patent Nos. 8,114,210 (“the ‘210 Patent”), 8,940,089 (“the ‘089 Patent”) and D631,670 (“the ‘670 Patent”; collectively, the patents-in-suit), which have been registered by the U.S. Patent Office.
Defendants offer for sale various bio-based binder insulation products, including “Formaldehyde Free” “Bio-based binder” insulation products. These products are marketed as “EasyFit,” “RANGE-GLAS EQ,” “SPIN-GLAS WH EQ,” “Flex-Glass EQ,” “Microlite EQ,” “Microlite L,” “ComfortTherm,” and “PEBS Blanket” insulation. Plaintiffs claim that the manufacture of these products infringes upon the patents-in-suit.
Specifically, Knauf Insulation contends that Defendants have infringed – directly, contributory and/or by inducement – various method claims of the patents-in-suit. That infringement, they claim, was willful and done with knowledge by Defendants with respect to the ‘210 and ‘670 patents. No claim of knowing or willful infringement was made with respect to the ‘089 patent, which issued on January 27, 2015, the date on which the complaint was filed. Knauf Insulation states that the patent infringement includes, in part, the manufacture of Johns Manville’s bio-based binder insulation.
In this lawsuit, Indiana patent lawyers for Knauf Insulation list three counts against the Johns Manville Defendants:
• Count I – Infringement of U.S. Patent 8,114,210
• Count II – Infringement of U.S. Patent 8,940,089
• Count III – Infringement of U.S. Patent D631,670
Knauf Insulation asks the court for a judgment of infringement of the patents-in-suit; an injunction; damages, including treble damages; an award of Defendants’ total profits, as well as other remedies under 35 U.S.C. §289 for the infringement of the ‘670 Patent; and an award of interest, fees and costs.
The case was assigned to Judge William T. Lawrence and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana and assigned Case No. 1:15-cv-00111-WTL-MJD.