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ARTICLE · 05 JULY 2021

Federal Circuit Says No To Incorporating Argument By Reference

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In 3M Company v. Evergreen Adhesives, Inc., No. 2020-1738 (June 25, 2021), the Federal Circuit affirmed the PTAB's decision to deny 3M's Request for Rehearing, upholding the rejection of 3M's...

United StatesIntellectual Property
Matthew M. Karas
Matthew M. Karas
Kara Specht
Kara Specht
Elizabeth Ferrill
Elizabeth Ferrill
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In 3M Company v. Evergreen Adhesives, Inc., No. 2020-1738 (June 25, 2021), the Federal Circuit affirmed the PTAB's decision to deny 3M's Request for Rehearing, upholding the rejection of 3M's obviousness arguments with respect to two claims of the underlying patent.

In the underlying inter partes review (IPR2018-00576), 3M challenged Evergreen's '056 patent, which relates to aerosol-based adhesives. After losing obviousness-based arguments regarding claims 3 and 4, 3M filed a Request for Rehearing regarding those two claims. However, the PTAB denied the request, saying that it was an attempt to articulate an argument that 3M only alluded to in its initial Petition through incorporation by reference to its expert report.

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