Case: 17-1807
`
`Document: 74-1
`
`Page:1
`
`Filed: 07/13/2018
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`(1 of 5)
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`NOTE: This disposition is nonprecedential.
`
`Anited States Court of Appeals
`for the federal Circuit
`
`JOHNS MANVILLE CORPORATION, JOHNS
`MANVILLE, INC.,
`Appellants
`
`Vv.
`
`KNAUF INSULATION SPRL, KNAUF INSULATION,
`INC.,
`Cross-Appellants
`
`2017-1807, 2017-2285, 2017-2303
`
`Appeals from the United States Patent and Trade-
`mark Office, Patent Trial and Appeal Board in Nos.
`IPR2015-01453, IPR2016-00130.
`
`JUDGMENT
`
`DAVID E. SIPIORA, Kilpatrick Townsend & Stockton
`LLP, Denver, CO, argued for appellants. Also represent-
`ed by DARIN JAMES GIBBY, EDWARD JOHN MAYLE,
`KRISTOPHER L. REED.
`
`JOSHUA PAUL LARSEN, Barnes & Thornburg LLP,
`Indianapolis, IN, argued for cross-appellants. Also repre-
`sented by JEFFREY T.G. KELSEY, JAMES SWEENEY; SPIRO
`
`

`

`Case: 17-1807
`
`Document: 74-1
`
`Page:2
`
`Filed: 07/13/2018
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`(2 of 5)
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`BEREVESKOS, DANIEL JAMES LUEDERS, Woodard, Emhardt,
`Moriarty, McNett & Henry LLP, Indianapolis, IN.
`
`THIS CAUSE having been heard and considered,it is
`
`ORDERED and ADJUDGED:
`
`PER CURIAM (WALLACH, LINN, and HUGHES, Circuit
`Judges).
`
`AFFIRMED.See Fed. Cir. R. 36.
`
`ENTERED BY ORDER OF THE COURT
`
`July 13, 2018
`Date
`
`/si Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`

`

`Case: 17-1807
`Document: 74-2.
`Page:1_
`Filed: 07/13/2018
`UNITED STATES COURT OF APPEALSFOR THE FEDERALCIRCUIT
`
`(3 of 5)
`
`NOTICE OF ENTRY OF
`JUDGMENT WITHOUT OPINION
`
`JUDGMENT ENTERED: 07/13/2018
`
`The judgmentof the court in your case was entered today pursuant to Rule 36. This Court affirmed the judgment
`or decision that was appealed. Noneofthe relief sought in the appeal was granted. No opinion accompanied the
`judgment. The mandate will be issued in due course.
`
`Information is also provided about petitions for rehearing and suggestions for rehearing en banc. The questions
`and answers are those frequently asked and answeredbythe Clerk's Office.
`
`No costs were taxed in this appeal.
`
`Regarding exhibits and visual aids: Your attention is directed to FRAP 34(g) which states that the clerk may
`destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable timeafter the clerk gives
`notice to remove them. (The clerk deems a reasonable time to be 15 days from the date the fina! mandate is issued.)
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`
`Peter R. Marksteiner
`Clerk of Court
`
`17-1807, 17-2285, 17-2303 - Johns Manville Corporation v. Knauf Insulation, Inc.
`United States Patent and Trademark Office, Case Nos. IPR2015-01453, IPR2016-00130
`
`

`

`Case: 17-1807 Page:1_Filed: 07/13/2018Document: 74-3 (4 of 5)
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`
`
`
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`
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`717 MADISON PLACE, N.W.
`WASHINGTON, D.C. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`202-275-8000
`
`Information Sheet
`
`Petitions for Rehearing and Petitions for Hearing and Rehearing En Banc
`
`1. When is a petition for rehearing appropriate?
`
`The Federal Circuit grants few petitions for rehearing each year. These petitions for
`rehearingare rarely successful because they typically fail to articulate sufficient
`grounds upon whichto grant them. Of note, petitions for rehearing should not be used
`to reargue issues previously presented that were not accepted by the merits panel
`during initial consideration of the appeal. This is especially so when the court has
`entered a judgmentof affirmance without opinion underFed. Cir. R. 36. Such
`dispositions are entered if the court determines the judgmentof the trial court is based
`on findings that are not clearly erroneous, the evidence supporting the jury verdict is
`sufficient, the record supportsthe trial court’s ruling, the decision of the administrative
`agency warrants affirmance under the appropriate standard of review, or the judgment
`or decision is without anerrorof law.
`
`2. When is a petition for hearing/rehearing en banc appropriate?
`
`En banc consideration is rare. Each three-judge merits panel is charged with deciding
`individual appeals under existing Federal Circuit law as established in precedential
`opinions. Because each merits panel may enter precedential opinions, a party seeking
`en banc consideration musttypically show that either the merits panel has(1) failed to
`follow existing decisions of the U.S. Supreme Court or Federal Circuit precedentor (2)
`followed Federal Circuit precedent that the petitioning party now seeks to have
`overruled by the court en banc. Federal Circuit Internal Operating Procedure #13
`identifies several reasons when the Federal Circuit may opt to hear a matter en banc.
`
`3. Is it necessaryto file either of these petitions before filing a petition for
`a writ certiorari in the U.S. Supreme Court?
`
`No. A petition for a writ of certiorari may befiled once the court has issuedafinal
`judgmentin a case.
`
`
`
`For additional information and filing requirements, please refer to Fed.
`
`Cir. R. 40 (Petitions for Rehearing) and Fed. Cir. R. 35 (Petitions for
`Hearing or Rehearing En Banc).
`
`Revised May 10, 2018
`
`

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`Case: 17-1807
`
`Document: 74-4
`
`Page:1_
`
`Filed: 07/13/2018
`
`(5 of 5)
`
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`717 MADISON PLACE, N.W.
`WASHINGTON, D.C. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`202-275-8000
`
`Information Sheet
`
`Filing a Petition for a Writ of Certiorari
`
`There is no automatic right of appeal to the Supreme Courtof the United States from
`judgments of the Federal Circuit. Instead, a party mustfile a petition for a writ of
`certiorari which the Supreme Court will grant only when there are compelling reasons. See
`Supreme Court Rule 10.
`
`Time. The petition must be filed in the Supreme Court of the United States within 90 days
`of the entry of judgmentin this Court or within 90 days of the denial of a timely petition for
`rehearing. The judgment is entered on the day the Federal Circuit issues a final decision in
`your case. The time does not run from the issuance of the mandate. See Supreme Court
`Rule 13.
`
`Fees. Either the $300 docketing fee or a motion for leave to proceed in forma pauperis with
`an affidavit in support thereof must accompanythe petition. See Supreme Court Rules 38
`and 39.
`
`Authorized Filer. The petition must be filed by a memberof the bar of the Supreme Court
`of the United States or by the petitioner as a self-represented individual.
`
`Format of a Petition. The Supreme Court Rules are very specific about the content and
`formatting of petitions. See Supreme Court Rules 14, 33, 34. Additional informationis
`available at https://www.supremecourt.gov/filingandrules/rules_guidance.aspx.
`
`Number of Copies. Forty copies of a petition mustbe filed unless thepetitioneris
`proceeding in forma pauperis, in which case an original andten copies of both thepetition
`for writ of certiorari and the motion for leave to proceed in forma pauperis mustbefiled.
`See Supreme Court Rule 12.
`
`Filing. Petitions are filed in paper at Clerk, Supreme Court of the United States, 1 First
`Street, NE, Washington, DC 20548.
`
`Effective November 13, 2017, electronic filing is also required for filings submitted by
`parties represented by counsel. See Supreme Court Rule 29.7. Additional information
`aboutelectronic filing at the Supreme Courtis available at
`https://www.supremecourt.gov/filingandrules/electronicfiling.aspx.
`
`No documentsarefiled at the Federal Circuit and the Federal Circuit provides no
`information to the Supreme Court unless the Supreme Court asksfor the information.
`
`Revised May 10, 2018
`
`