Cascades v. Essity (SCA Tissue)
Full2017-02198 · US8273443B2
In plain English: The Board reviewed these claims and cancelled all of them.
How to read this page: start with the Case brief above, use (the small numbered links) to open the exact source page they cite, then use Reference material further down for claim-by-claim and ground-by-ground detail.
All challenged claims cancelled
The Board cancelled all fifteen claims of SCA's interfolded-napkin patent - on art from 1919 - and the Federal Circuit affirmed.[12][8][25]
The '443 patent issues September 25, 2012·Cascades petitions for review of claims 1-15 September 29, 2017·Board institutes - but not on every asserted ground March 27, 2018·After SAS, institution expands to all claims on all grounds April 27, 2018·Oral hearing before the Board December 14, 2018·Final written decision: all 15 claims unpatentable February 25, 2019·Federal Circuit affirms, nonprecedential May 8, 2020
- The '443 patent covers a stack of interfolded absorbent sheets - embossed paper napkins for dispensers.[7][27]
- The petition stacked obviousness grounds on vintage folding patents and a napkin standard - and after SAS, every ground went to trial.[8][9][10][3]
- The Board found the combinations predictable: century-old folding patents plus the industry standard added up to every claim.[11][18]
- Essity appealed, and the Federal Circuit affirmed in a nonprecedential opinion.[17][16][25]
Two durable lessons: SAS ended partial institution, and old art is not weak art.[3][4][21]
- Essity Professional Hygiene v. Cascades Canada ULC, No. 19-1742 (Fed. Cir. 2020) (opinion, nonprecedential)
Justia (opinion text) · May 8, 2020
- Today's Opinions - May 8, 2020 (covers the two Essity v. Cascades dispositions)
Federal Circuit Blog · May 8, 2020
Reference material
Claim-by-claim and ground-by-ground records underlying the brief above.
| Claim | Ground 1: §103 — Teall US1290801, ASTM-D4560 | Ground 2: §103 — Teall US1290801, ASTM-D4560, Wheeler US1430709 | Ground 3: §103 — Teall US1290801, Heath US6699360 | Ground 4: §103 — Teall US1290801, Heath US6699360, Wheeler US1430709 | Ground 5: §103 — Grosriez US6602575, ASTM-D4560 | Ground 6: §103 — Grosriez US6602575, ASTM-D4560, Wheeler US1430709 | Ground 7: §103 — Winter US2050030, ASTM-D4560 | Ground 8: §103 — Winter US2050030, ASTM-D4560, Wheeler US1430709 | Ground 9: §103 — Winter US2050030, Heath US6699360 | Ground 10: §103 — Winter US2050030, Heath US6699360, Wheeler US1430709 |
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 2 | — | Unpatentable[3] | — | Unpatentable[1] | Not reached[2] | Not reached[2] | Not reached[2] | Not reached[2] | Not reached[2] | Not reached[2] |
| 3 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 4 | Unpatentable[3] | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 5 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 6 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 7 | — | Unpatentable[3] | — | Unpatentable[1] | Not reached[2] | Not reached[2] | Not reached[2] | — | Not reached[2] | — |
| 8 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 9 | Unpatentable[3] | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 10 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 11 | — | Unpatentable[3] | — | Unpatentable[1] | Not reached[2] | Not reached[2] | Not reached[2] | — | Not reached[2] | — |
| 12 | — | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 13 | Unpatentable[3] | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 14 | Unpatentable[3] | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
| 15 | Unpatentable[3] | — | Unpatentable[1] | — | Not reached[2] | — | Not reached[2] | — | Not reached[2] | — |
- [1] Paper 40 at 27-33
- [2] Paper 40 at 42; not reached - claims found unpatentable over the Teall-based grounds
- [3] Paper 40 at 33-42
No institution-stage grounds recorded yet.
- Paper 1Paper 1 · Petition
- US8273443Other
- Paper 7Paper 7 · Institution Decision
- Paper 40Paper 40 · Final Written Decision
- 19-1742 (nonprec)Federal Circuit Opinion