Organik Kimya AS v. Rohm and Haas Co.

Rohm’s patents are directed to processes for preparing emulsion polymers with improved opacity for use in coatings such as paints, inks, and other products benefitting from opacity. Opacity results from absorbing and scattering light, a property produced by voids (hollows) within the polymer particles. Hollow emulsion polymers were previously known. The Rohm patents state that their method of manufacture produces products of improved opacity and low density, based on the “discover[y] that by providing an aqueous emulsion of a multi-stage emulsion polymer, monomer and swelling agent under conditions wherein there is no substantial polymerization of the monomer, we can enhance the extent of swelling of the multistage emulsion polymer.” The Federal Circuit affirmed the Patent Trial and Appeal Board in sustaining the patentability of claims challenged on inter partes review. The court rejected arguments that the Board adopted an overly narrow interpretation of the term “swelling agent,” improperly added a “swelling step” into the claims, and erred in finding that the prior art references do not disclose a “swelling agent.” View "Organik Kimya AS v. Rohm and Haas Co." on Justia Law