Cases & Deals

Owens Corning successfully defends ITC action involving roofing underlayment products

Client(s) Owens Corning

Jones Day represented Owens Corning, Owens Corning Roofing & Asphalt, LLC, and InterWrap Corp. ("Owens Corning") in multi-venue litigation relating to synthetic roof underlayment patents asserted by Kirsch Research & Development, LLC ("Kirsch"). Kirsch filed complaints in the U.S. International Trade Commission and in the U.S. District Court for the Northern District of Ohio, accusing Owens Corning's ProArmor, RhinoRoof, and Titanium underlayments of infringement. In December 2020, Kirsch moved to withdraw its ITC complaint following the administrative law judge's favorable Markman ruling on key terms. Jones Day also represented Owens Corning in U.S. Patent Trial & Appeal Board proceedings related to one of Kirsch’s patents. On February 18, 2021, the PTAB granted Owens Corning’s request to institute inter partes review of a Kirsch patent. After additional Markman rulings in co-pending cases unfavorable to Kirsch, Owens Corning and Kirsch successfully settled all disputes.

Certain Synthetic Roofing Underlayment Products and Components Thereof, Inv. No. 337-TA-1202 (ITC); Kirsch Research & Development, LLC v. Owens Corning et al., Case No. 1:20-cv-00901 (N.D. Ohio); Owens Corning Roofing & Asphalt, LLC v. Kirsch Research & Development, LLC, IPR2020-01389 (PTAB)