Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 1 of 13. PagelD #: 1
`Case: 3:14-cv-00803-DAK Doc#:l Filed: 04/14/14 lot 13. PagelD#:!
`
`IN THE UNITED STATES DISTRICT COURT
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`FOR THE NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`WESTERN DIVISION
`
`FAST FELT CORPORATION,
`FAST FELT CORPORATION,
`
`Plaintiff,
`Plaintiff,
`
`v.
`v.
`
`CASE NO.
`CASE NO.
`
`OWENS CORNING ROOFING AND
`OWENS CORNING ROOFING AND
`ASPHALT, LLC and OWENS CORNING,
`ASPHALT, LLC and OWENS CORNING,
`
`JURY TRIAL DEMANDED
`JURY TRIAL DEMANDED
`
`Defendants.
`Defendants.
`
`COMPLAINT
`COMPLAINT
`
`Plaintiff Fast Felt Corporation ("Fast Felt") complains of Defendants Owens Corning
`Plaintiff Fast Felt Corporation ("Fast Felt") complains of Defendants Owens Corning
`
`Roofing and Asphalt, LLC and Owens Corning (collectively "Owens Corning") as follows:
`Roofing and Asphalt, LLC and Owens Corning (collectively "Owens Corning") as follows:
`
`A. (cid:9)
`A.
`
`Fast Felt
`Fast Felt
`
`THE PARTIES
`THE PARTIES
`
`1.
`1.
`
`Fast Felt Corporation is a Texas corporation having a place of business located at
`Fast Felt Corporation is a Texas corporation having a place of business located at
`
`11302 Memorial Drive, Houston, Texas 77024. Fast Felt is an owner, innovator and a supplier
`1 1302 Memorial Drive, Houston, Texas 77024. Fast Felt is an owner, innovator and a supplier
`
`of nail reinforcement technology for roofing cover or building cover materials to participants in
`of nail reinforcement technology for roofing cover or building cover materials to participants in
`
`the roofing or building cover products industry. Fast Felt also supplies manufacturing equipment
`the roofing or building cover products industry. Fast Felt also supplies manufacturing equipment
`
`for the application of its patented nail reinforcement tabs, including tabs made of polymers.
`for the application of its patented nail reinforcement tabs, including tabs made of polymers.
`
`2.
`2.
`
`Fast Felt's core nail reinforcement technology and the manufacturing equipment
`Fast Felt's core nail reinforcement technology and the manufacturing equipment
`
`which applies its nail reinforcements relate to products in the roofing and/or building cover
`which applies its noil reinforcements relate to products in the roofing and/or building cover
`
`materials industries. Fast Felt's efforts have resulted in patented technology in the fields of
`materials industries. Fast Felt's efforts have resulted in patented technology in the fields of
`
`roofing and building cover materials which it calls its "Fast Felt® Technology".
`roofing and building cover materials which it calls its "Fast Felt® Technology".
`
`DOCKETED
`DOCK;
`APR 3 0 2014
`JAR
`
`Petitioner - Owens Corning
`Ex. 1015, p. 1 of 32
`
`

`

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`Case: 3;14-cv-00803-DAK Doc#:l Filed: 04/14/14 2 of 13. PageiD #: 2
`
`3.
`3.
`
`Fast Felt sells its roofing cover materials having a pre-affixed nail reinforcement
`Fast Felt sells its roofing cover materials having a pre-affixed nail reinforcement
`
`tab under Fast Felt's trade name: "Fast FeIte." The roofing cover materials industry includes
`tab under Fast Felt's trade name:
`"Fast Felt®." The roofing cover materials industry includes
`
`both (a) underlayments (the bottom layer immediately above the roof deck) and (b) shingles (the
`both (a) underlaymenls (the bottom layer immediately above the roof deck) and (b) shingles (the
`
`top cover layer or the layer normally exposed on a roof). Underlayments and shingles are
`top cover layer or the layer normally exposed on a roof). Underlaymenls and shingles are
`
`separate material items used in a roof covering system.
`separate material
`items used in a roof covering system.
`
`4.
`4.
`
`Fast Felt has developed products and manufacturing methods for roll and shingle
`Fast Felt has developed products and manufacturing methods for roll and shingle
`
`roofing products that are the subject of several United States patents owned by Fast Felt.
`roofing products that are the subject of several United States patents owned by Fast Felt.
`
`B. (cid:9)
`B.
`
`Owens Corning
`Owens Corning
`
`5.
`5.
`
`Owens Coming Roofing and Asphalt, LLC is a Delaware limited liability
`Owens Coming Roofing and Asphalt, LLC is a Delaware limited liability
`
`company having a principal place of business at One Owens Corning Parkway, Toledo, Ohio
`company having a principal place of business at One Owens Corning Parkway, Toledo, Ohio
`
`43659, Owens Corning Roofing and Asphalt, LLC has a manufacturing location for its roofing
`43659. Owens Coming Roofing and Asphalt, LLC has a manufacturing location for its roofing
`
`products in Ohio.
`products in Ohio.
`
`6.
`6.
`
`Owens Corning is a Delaware corporation with its principal place of business at
`Owens Coming is a Delaware corporation with its principal place of business at
`
`One Owens Corning Parkway, Toledo, Ohio 43659. Owens Corning is the parent of Owens
`One Owens Coming Parkway, Toledo, Ohio 43659. Owens Coming is the parent of Owens
`
`Corning Roofing and Asphalt, LLC. Owens Corning and Owens Corning Roofing and Asphalt,
`Corning Roofing and Asphalt, LLC. Owens Corning and Owens Corning Roofing and Asphalt,
`
`LLC are hereinafter collectively referred to as "Owens Corning."
`LLC arc hereinafter collectively referred to as "Owens Corning."
`
`7.
`7.
`
`Roofing cover materials manufactured by Owens Corning include at least one
`Roofing cover materials manufactured by Owens Corning include at
`least one
`
`shingle product with polymer nail reinforcement material. Owens Corning calls the products
`shingle product with polymer nail reinforcement material. Owens Corning calls the products
`
`having a polymer nail reinforcement material secured to the asphalt coated surface of a shingle
`having a polymer nail reinforcement material secured to the asphalt coated surface of a shingle
`
`product, "SureNail®." One product manufactured by Owens Corning that implements
`product, "SureNail®."
`One product manufactured by Owens Corning that
`implements
`
`"SureNail®" is the Duration® Series Shingles. Another roofing cover product manufactured by
`"SureNail®" is the Duration® Series Shingles. Another roofing cover product manufactured by
`
`Owens Coming that implemented "SureNail®" is the Oakridge® Pro Series Shingle.
`Owens Coming that implemented "SureNail®" is the Oakridge® Pro Series Shingle.
`
`2
`
`Petitioner - Owens Corning
`Ex. 1015, p. 2 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 3 of 13. Pagel!) #: 3
`Case: 3:14-cv-00803-DAK Doc#:l Filed: 04/14/X4 3 of 13. PagelD#:3
`
`8.
`8.
`
`The Duration® and Oaltridge0 Pro Series Shingles with "SureNail®" are
`The Duration® and Oakridge® Pro Series Shingles with "SureNail®" are
`
`manufactured in Ohio.
`manufactured in Ohio.
`
`JURISDICTION AND VENUE
`JURISDICTION AND VENUE
`
`9.
`9.
`
`This is an action for patent infringement arising under the patent laws of the
`This is an action for patent
`infringement arising under the patent
`laws of the
`
`United States, Title 35 of the United States Code. The Court has original subject matter
`United States, Title 35 of the United States Code. The Court has original subject matter
`
`jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`jurisdiction ofthis action pursuant to 28 U.S.C. §§ 1331 and 1338(3).
`
`10. Owens Corning is headquartered in this district, has conducted business in this
`10.
`Owens Corning is headquartered in this district, has conducted business in this
`
`district and has committed acts of infringement in this district.
`district and has committed acts of infringement in this district.
`
`11. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(c) and 1400(b)
`11.
`Venue is proper in this district under 28 U.S.C. §§ I391(b)-(c) and 1400(b)
`
`because Owens Corning is subject to personal jurisdiction in this district and has committed acts
`because Owens Corning is subject to personal jurisdiction in this district and has committed acts
`
`of infringement in this district.
`ofinfringement in this district.
`
`DEFENDANTS' INFRINGEMENT OF THE PATENT-IN-SUIT
`DEFENDANTS' INFRINGEMENT OF THE PATENT-IN-SUIT
`
`A, (cid:9)
`A.
`
`The Patent-in-Suit
`The Patent-in-Suit
`
`12. United States Patent No. 8,137,757 (the "Fast Felt '757 Patent"") was duly and
`12.
`United States Patent No. 8,137,757 (the "Fast Felt '757 Patent"") was duly and
`
`legally issued by the United States Patent and Trademark Office on March 20, 2012. A copy of
`legally issued by the United States Patent and Trademark Office on March 20, 2012. A copy of
`
`the Fast Felt '757 Patent is attached hereto as Exhibit A.
`the Fast Felt '757 Patent is attached hereto as Exhibit A.
`
`13. Fast Felt owns all right, title and interest in, and has standing to sue for
`13.
`Fast Felt owns all
`right,
`title and interest
`in, and has standing to sue for
`
`infringement of, the Fast Felt '757 Patent.
`infringement of, the Fast Felt *757 Patent.
`
`14. (cid:9)
`14.
`
`Independent claims 1 and 7 of the Fast Felt '757 Patent are recited as follows:
`Independent claims I and 7 of the Fast Felt '757 Patent are recited as follows:
`
`Claim 1, (cid:9)
`A method of making a roofing or building cover material, which
`Claim i.
`A method of making a roofing or building cover material, which
`comprises treating an extended length of substrate, comprising the steps of:
`comprises treating an extended length ofsubstrate, comprising the steps of:
`
`depositing tab material onto the surface of said roofing or building cover
`depositing tab material onto the surface of said roofing or building cover
`material at a plurality of nail tabs from a lamination roll,
`material at a plurality ofnail tabsfrom a lamination roll,
`
`said tab material bonding to the surface of said roofing or building cover
`said tab material bonding to the surface of said roofing or building cover
`material by pressure between said roll and said surface.
`material by pressure between said roll and said surface.
`
`3
`
`Petitioner - Owens Corning
`Ex. 1015, p. 3 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doe #: 1 Filed: 04/14/14 4 of 13. Pagel© #: 4
`Case; 3:14-cv-G0803-DAK Doc#:l Filed: 04/14/14 4 of 13. Page!D#;4
`
`Claim 7, (cid:9)
`A method of making a roofing or building cover material
`Claim 7.
`A method of making a roofing or building cover material
`comprising the steps of
`comprising the steps of:
`
`first depositing nail tab material at a plurality of locations on said roofing
`first depositing nail tab material at a plurality oflocations on said roofing
`or building cover material,
`or building cover material,
`
`said nail tab material is substantially made of a polymeric material, and
`said nail tab material is substantially made ofa polymeric material, and
`
`subsequently pressure adhering said nail tab material into nail tabs on
`subsequently pressure adhering said nail tab material into nail tabs on
`said roofing or building cover material with a pressure roll.
`said roofing or building cover material with a pressure roll.
`
`15.
`15.
`
`In addition to claims I and 7, the Fast Felt '757 Patent includes dependent claims
`In addition to claims 1 and 7, the Fast Felt '757 Patent includes dependent claims
`
`2-6 and 8-9. For reference, dependent claims 2, 4 and 6 of the Fast Felt '757 Patent are recited
`2-6 and 8-9. For reference, dependent claims 2, 4 and 6 of the Fast Felt 4757 Patent are recited
`
`as follows:
`as follows:
`
`Claim 2. (cid:9)
`Claim 2.
`
`A method of making a roofing or building cover material in accordance
`A method of making a roofing or building cover material in accordance
`
`with claim I, wherein said tab material is substantially a polymer material.
`with claim J, wherein said tab material is substantially a polymer material.
`
`Claim 4. (cid:9)
`Claim 4.
`
`A method of making a roofing or building cover material in accordance
`A method of making a roofing or building cover material in accordance
`
`with claim 1, wherein said nail tabs are formed in a continuous. strip.
`with claim 1, wherein said nail labs are formed in a continuous strip.
`
`Claim 6. (cid:9)
`Claim 6.
`
`A method of making a roofing or building cover material in accordance
`A method of making a roofing or building cover material in accordance
`
`with claim 1, wherein said tab material is pre formed before contact with said
`with claim 1, wherein said tab material
`is preformed before contact with said
`
`lamination roll.
`lamination roll
`
`16. Claims 1-9 of the Fast Felt '757 Patent are presumed valid and enforceable
`16.
`Claims 1-9 of the Fast Felt
`'757 Patent are presumed valid and enforceable
`
`pursuant to 35 U.S.C. § 282.
`pursuant to 35 U.S.C. § 282.
`
`B. (cid:9)
`B.
`
`Owens Corning "SureNaile"
`Owens Corning "SureNail®"
`
`17. Owens Corning manufactures and sells asphalt-based rooting cover materials
`17.
`Owens Corning manufactures and sells asphalt-based roofing cover materials
`
`which are commonly installed on the roofs of homes or other buildings. Typically, these roofing
`which are commonly installed on the roofs of homes or other buildings. Typically, these roofing
`
`cover materials are constructed of a substrate material, consisting of fibers: typically (a) paper
`cover materials are constructed of a substrate material, consisting of fibers: typically (a) paper
`
`and wood (organic) fibers or (b) glass (inorganic) fibers made into an extended sheet, which is
`and wood (organic) fibers or (b) glass (inorganic) fibers made into an extended sheet, which is
`
`then saturated or coated with asphalt. The "front end" of an asphalt roofing products
`then saturated or coated with asphalt.
`The "front end" of an asphalt roofing products
`
`4
`
`Petitioner - Owens Corning
`Ex. 1015, p. 4 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 5 of 13. PagelD #: 5
`Case: 3:l4-cv-00803-DAK Doc#;l Filed: 04/14/14 5 of 13. PagelD#:5
`
`manufacturing line, for both underlayment and shingle products, is substantially the same. In the
`manufacturing line, for both underiayment and shingle products, is substantially the same.
`In the
`
`production of asphalt-based materials, the base substrate sheet is unrolled from a large diameter
`production of asphalt-based materials, the base substrate sheet is unrolled from a large diameter
`
`roll and passed through a tank or a caster which contains or applies a hot (>400°F) liquid asphalt.
`roll and passed through a tank or a coater which contains or applies a hot (>40QoF) liquid asphalt.
`
`This results in the formation of an extended length of a hot, tacky, asphalt coated substrate sheet
`This results in the formation of an extended length of a hot, tacky, asphalt coated substrate sheet
`
`material.
`material.
`
`18.
`18.
`
`Included among the asphalt roofing cover materials manufactured and sold by
`Included among the asphalt roofing cover materials manufactured and sold by
`
`Owens Corning are products having a polymer nail reinforcement material pressed onto the
`Owens Corning are products having a polymer nail reinforcement material pressed onto the
`
`substrate material, As noted in paragraph 7, Owens Corning roofing cover products with this
`substrate material. As noted in paragraph 7, Owens Corning roofing cover products with this
`
`polymerstrip of nail reinforcement material applied to it are sold under the brand name
`poiymerstrip of nail
`reinforcement material applied to it are sold under
`the brand name
`
`"SureNai
`"SureNail®."
`
`19. Owens Corning advertises "SureNail (cid:9)
`as a "breakthrough design: featuring a
`19.
`Owens Corning advertises "SureNai!®" as a "breakthrough design:
`featuring a
`
`tough, woven engineered reinforcing fabric in the nailing area that promotes easy, fast and
`tough, woven engineered reinforcing fabric in the nailing area that promotes easy,
`fast and
`
`consistent nail gun fastening."
`consistent nail gun fastening."
`
`20. Owens Coming describes its SureNaile as a strip made of polyester. Polyester is
`20.
`Owens Coming describes its SureNail© as a strip made of polyester. Polyester is
`
`polyethylene terephthalate (PET), a long-chain polymer.
`polyethylene terephthalate (PET), a long-chain polymer.
`
`21.
`21.
`
`"SureNail®" is advertised at the website: http://roofingca.owenscominu.com/
`"SureNail®" is advertised at
`the website: http://roofingca.owenscorninti.com/
`
`pro fessional/shing les/surenail.aspx.
`nrofessional/shingles/surenail.aspx.
`
`C. (cid:9)
`C.
`
`Owens Corning's Later Filed Patents Describe
`Owens Coming's Later Filed Patents Describe
`Its SureNail® Roof Shingles And The Method Of Manufacture
`Its SureNail® Roof Shingles And The Method Of Manufacture
`
`22. Owens Corning Intellectual Capital, LLC owns United States Patent No.
`22.
`Owens Corning Intellectual Capital, LLC owns United Slates Patent No.
`
`7,836,654, entitled, "Shingle With Reinforced Nail Zone And Method Of Manufacturing" (the
`7,836,654, entitled, "Shingle With Reinforced Nail Zone And Method Of Manufacturing" (the
`
`"OC '654 Patent").
`"OC '654 Patent").
`
`23. Owens Coming Intellectual Capital, LLC also owns United States Patent No.
`23.
`Owens Coming Intellectual Capital, LLC also owns United States Patent No.
`
`8,430,983 (the "OC '983 Patent").
`8,430,983 (the "OC '983 Patent").
`
`5
`
`Petitioner - Owens Corning
`Ex. 1015, p. 5 of 32
`
`

`

`Case: 3:14-cv-00603-DAK Doc #: 1 Filed: 04/14/14 6 of 13. PagelD #: 6
`Case: 3:14~cv-00803-DAK Doc#:l Fiied: 04/14/14 6 of 13. PagelD #: 6
`
`24.
`24.
`
`The effective filing date of Fast Felt's '757 Patent predates that of the OC '654
`The effective filing date of Fast Felt's '757 Patent predates that of the OC '654
`
`and the OC '983 Patents because the Fast Felt '757 Patent claims priority to Provisional
`and the OC '983 Patents because the Fast Felt
`'757 Patent claims priority to Provisional
`
`Application No. 60/474,194 filed on May 29, 2003, more than two (2) years before the Owens
`Application No. 60/474,194 fiied on May 29, 2003, more than two (2) years before the Owens
`
`Corning OC '654 Patent filing date of August 5, 2005.
`Corning OC '654 Patent filing date of August 5, 2005.
`
`25.
`25.
`
`Roof shingles that include "SureNail®" that are manufactured by Owens Corning
`Roof shingles that include "SureNail®" that are manufactured by Owens Coming
`
`are covered by the OC '654 Patent.
`are covered by the OC '654 Patent.
`
`26. Roof shingles that included "SureNail®" that are manufactured by Owens
`26.
`Roof shingles that
`included "SureNai!®" that are manufactured by Owens
`
`Corning are marked with the OC '654 Patent.
`Corning are marked with the OC '654 Patent.
`
`27, (cid:9)
`27.
`
`On its website, Owens Corning represents that "SureNail®" roofing cover
`On its website, Owens Coming represents that "SureNai!®"
`roofing cover
`
`materials are covered by the OC '654 Patent.
`materials are covered by the OC '654 Patent.
`
`28.
`28.
`
`Figure 1 of the OC'654 Patent is described as a schematic elevational view of an
`Figure 1 of the OC,654 Patent is described as a schematic elevational view of an
`
`apparatus and method for making roof cover materials according to the Owens Coming
`apparatus and method for making roof cover materials according to the Owens Coming
`
`invention.
`invention.
`
`29.
`29.
`
`Figure 1 of the OC '654 Patent is reproduced below:
`Figure 1 of the OC '654 Patent is reproduced below:
`
`20
`
`-
`
`rj --isc
`
`( jv--ioo
`
`(a 54 (cid:9)
`
`ix (cid:9)
`
`69
`
`54
`
`rx
`
`IG.
`^IG. 1
`
`
`
`6
`
`It
`
`r.
`
`Petitioner - Owens Corning
`Ex. 1015, p. 6 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 7 of 13. Pagel© #: 7
`Case: 3:l4-cv-00803-DAK Doc#:l Filed: 04/14/14 7 of 13. PagelD#:7
`
`30. (cid:9)
`30.
`
`Figure I of the OC '654 Patent is a schematic elevational view of an apparatus
`Figure L of the OC '654 Patent is a schematic elevalional view of an apparatus
`
`and method used to manufacture the Owens Corning roof cover materials that include
`and method used to manufacture the Owens Corning roof cover materials that
`include
`
`"S ureNaile".
`"SureNail®".
`
`31,
`3 1 .
`
`Figure 1 of the OC '983 Patent is a schematic elevational view of an apparatus
`Figure 1 of the OC '983 Patent is a schematic elevational view of an apparatus
`
`and method for manufacturing the Owens Corning roof cover materials that include
`and method for manufacturing the Owens Corning roof cover materials that
`include
`
`"SureNailZ."
`"SureNail®."
`
`32,
`32.
`
`Figure I of the OC '983 Patent is reproduced below:
`Figure I of the OC '983 Patent is reproduced below:
`
`LOSIfYIS 1
`
`G.
`=FIG. 1
`
`0 (cid:9)
`P
`10
`fT) 10
`
`18
`
`26
`2B
`30
`32
`26 211 311 12
`
`22
`100.
`
`7
`
`dc 1SB
`
`10
`
`/J
`
`12
`L
`
`10\
`
`'\
`
`12
`12
`
`33. (cid:9)
`33.
`
`In the OC '983 Patent, the application of a polymer fabric nail reinforcement tab
`In the OC '983 Patent, the application of a polymer fabric nail reinforcement tab
`
`material is described as follows: "During shingle production, the woven or non-woven fabric
`material
`is described as follows:
`"During shingle production, the woven or non-woven fabric
`
`may be pushed into the hot, filled-asphalt coating, such that some of the filled-asphalt bleeds rip
`may be pushed into the hot, fdled-asphalt coating, such that some of the fiUed-asphalt bleeds up
`
`and around the individual fibers and fiber bundles of the fabric. This creates a positive
`and around the individual fibers and fiber bundles of the fabric.
`This creates a positive
`
`mechanical bond between the fabric and 11w shingle substrate." (Col. 4, Ins. 49-54).
`mechanical bond benveen the fabric and the shingle substrate. " (Col. 4, Ins. 49-54).
`
`7
`
`Petitioner - Owens Corning
`Ex. 1015, p. 7 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 8 of 13. PagelD #: 8
`Case: 3:14-cv-00803-DAK Doc#:l Filed: 04/14/14 8 of 13. PagelD#:8
`
`D. (cid:9)
`D,
`
`"SureNail®" infringes The Fast Felt '757 Patent
`"SurcNail©" Infringes The Fast Felt *757 Patent
`
`1. (cid:9)
`1.
`
`Claims 1 and 7
`Claims X and 7
`
`34. Owens Corning's roof shingles that include "SureNall0" are roofing or building
`34.
`Owens Coming's roof shingles that include "SureNail®" are roofing or building
`
`cover materials.
`cover materials.
`
`35.
`35.
`
`The method by which Owens Corning manufactures its roof shingles that include
`The method by which Owens Corning manufactures its roof shingles that include
`
`"SureNail®" includes depositing a polymer nail reinforcement tab material onto the surface of
`"SureNail®" includes depositing a polymer nail reinforcement tab material onto the surface of
`
`the roofing or building cover material.
`the roofing or building cover material.
`
`36.
`36.
`
`The method by which the polymer nail reinforcement tab material is deposited
`The method by which the polymer nail reinforcement tab material
`is deposited
`
`onto the surface of the roofing or building cover material for Owens Corning roof shingles
`onto the surface of the roofing or building cover material for Owens Coming roof shingles
`
`having "SureNail®" is shown in Figure 1 of the OC '654 Patent.
`having "SureNail©" is shown in Figure 1 of the OC '654 Patent.
`
`37.
`37.
`
`The method by which Owens Corning manufactures its roof shingles that have
`The method by which Owens Corning manufactures its roof shingles that have
`
`"SureNail®" includes depositing polymer nail reinforcement tab material onto the surface of the
`"SureNail®" includes depositing polymer nail reinforcement tab material onto the surface of the
`
`roofing or building cover material at a plurality of nail tabs from a lamination roll.
`roofing or building cover material at a plurality of nail tabs from a lamination roll.
`
`38.
`38.
`
`The method by which the nail reinforcement tab material is deposited onto the
`The method by which the nail reinforcement tab material
`is deposited onto the
`
`surface of the roofing or building cover material at a plurality of nail tabs from a lamination roll
`surface of the roofing or building cover material at a plurality of nail tabs from a lamination roll
`
`for Owens Coming roof shingles having "SureNail®" is shown in Figure 1 of the OC '654
`for Owens Coming roof shingles having "SureNail®" is shown in Figure 1 of the OC '654
`
`Patent.
`Patent.
`
`39.
`39.
`
`The method by which Owens Corning manufactures its roof shingles that have
`The method by which Owens Corning manufactures its roof shingles that have
`
`"SureNail®" includes pushing the polymer nail reinforcement fabric tab material "... into the hot,
`"SureNail®" includes pushing the polymer nail reinforcement fabric tab material "... into the hot,
`
`filled-asphalt coating ..." such that "... a positive mechanical bond ..." is created between the
`JiUed-asphalt coating ... " such that "... a positive mechanical bond ... " is created between the
`
`nail reinforcement tab material and the shingle substrate. (See OC '983 Patent reference in
`nail reinforcement tab material and the shingle substrate.
`(See OC '983 Patent reference in
`
`paragraph 33 above.)
`paragraph 33 above.)
`
`8
`
`Petitioner - Owens Corning
`Ex. 1015, p. 8 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Dac #: 1 Piled: 04114114 9 of 13. PagelD #: 9
`Case: 3:14-cv-00803-DAK Doc#:l Filed: 04/14/14 9 of 13. PagelD #: 9
`
`40. (cid:9)
`40.
`
`The method by which tab material bonded to the surface of the roofing or building
`The method by which tab material bonded to the surface of the roofing or building
`
`cover material for Owens Corning roof shingles having "SureNail®" is shown in Figure 1 of the
`cover material for Owens Corning roof shingles having "SureNail®" is shown in Figure 1 of the
`
`OC '654 Patent.
`OC '654 Patent.
`
`41. (cid:9)
`41.
`
`The method by which Owens Coming manufactures its roof shingles that have
`The method by which Owens Coming manufactures its roof shingles that have
`
`"SureNail®" includes bonding by pressure between a roll and the surface of the roofing or
`"SureNail®" includes bonding by pressure between a roll and the surface of the roofing or
`
`building cover material.
`building cover material.
`
`42. (cid:9)
`42.
`
`The method by which bonding by pressure between a roll and the surface of the
`The method by which bonding by pressure between a roll and the surface of the
`
`roofing and building cover material for Owens Coming roof shingles having "SureNaile" is
`roofing and building cover material
`for Owens Coming roof shingles having "SureNai!®" is
`
`shown in Figure 1 of the OC '654 Patent.
`shown in Figure 1 of the OC '654 Patent.
`
`2. (cid:9)
`2.
`
`43. (cid:9)
`43.
`
`Claim 2
`Claim 2
`
`The method by which Owens Coming manufactures its roof shingles that have
`The method by which Owens Coming manufactures its roof shingles that have
`
`"SureNaile" includes a nail reinforcement tab material which is a polymer material.
`"SureNatl®" includes a nail reinforcement tab material which is a polymer material.
`
`44. (cid:9)
`44.
`
`The nail reinforcement tab material used in the Owens Corning roof shingles
`The nail reinforcement tab material used in the Owens Corning roof shingles
`
`having "SureNail®" is described in the OC '654 Patent as follows: "the tape 19 is formed from a
`having "SureNail®" is described in the OC '654 Patent as follows: "the tape 19 isformedfrom a
`
`polyester ... [or] a polyolefin, such as polypropylene or polyethylene." (See Col. 3, Ins. 61-64).
`polyester ... [or] a polyolefm, such as polypropylene or polyethylene. "
`(See Col. 3, Ins. 6 1 -64).
`
`Each and every one of the nail reinforcement tab materials described above are polymer
`Each and every one of the nail reinforcement
`tab materials described above are polymer
`
`materials.
`materials.
`
`3. (cid:9)
`3.
`
`45. (cid:9)
`45.
`
`Claim 4
`Claim 4
`
`The method by which Owens Corning manufactures its roof shingles that have
`The method by which Owens Coming manufactures its roof shingles that have
`
`"SureNail®" includes a tab formed in a continuous strip.
`"SureNail®" includes a tab formed in a continuous strip.
`
`46. (cid:9)
`46.
`
`The tab formed in a continuous strip in the Owens Coming roof shingles having
`The tab formed in a continuous strip in the Owens Coming roof shingles having
`
`"SureNail®" is described in the OC '654 Patent as follows: "A continuous strip of a
`"SureNail®" is described in the OC '654 Patent as follows:
`"A continuous strip of a
`
`reinforcement material or tape ...." (See Col. 3, lines. 53-54).
`reinforcement material or tape .... " (See Col. 3, lines. 53-54).
`
`9
`
`Petitioner - Owens Corning
`Ex. 1015, p. 9 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doe #: 1 Filed: 04/14/14 10 of 13. PagelD #: 10
`Case: 3:14-cv-00803-DAK Doc#:l Filed: 04/14/14 10 of 13. PageiD#:10
`
`4. (cid:9)
`4.
`
`Claim 6
`Claim 6
`
`47.
`47.
`
`The method by which Owens Coming manufactures its roof shingles that have
`The method by which Owens Coming manufactures its roof shingles that have
`
`"SureNaii®" includes a tab material that is preformed before contact with a lamination roll.
`"SureNaii®" includes a tab material that is preformed before contact with a lamination roll.
`
`48.
`48.
`
`The preformed tab material is shown in Figure 1 of the OC '654 Patent.
`The preformed tab material is shown in Figure 1 of the OC '654 Patent.
`
`E. (cid:9)
`E.
`
`Allegations of Infringement
`Allegations of Infringement
`
`49. Owens Corning has been, and is now, making, using, selling, offering for sale
`49.
`Owens Corning has been, and is now, making, using, selling, offering for sale
`
`within the United States, and/or importing into the United States products including roofing
`within the United States, and/or importing into the United States products including roofing
`
`cover products such as Durations and Oakridge® Pro Series Shingles with "SureNaile."
`cover products such as Duration® and Oakridge® Pro Series Shingles with "SureNail®."
`
`50. Owens Corning has manufactured, made, had made, used, practiced, imported,
`50.
`Owens Corning has manufactured, made, had made, used, practiced, imported,
`
`sold and/or offered for sale products including roofing cover products that have "SureNail®" that
`sold and/or offered for sale products including roofing cover products that have "SureNail®" that
`
`infringe, either literally or under the doctrine of equivalents, at least, claims 1 , 2, 4, 6 and 7 of the
`infringe, either literally or under the doctrine of equivalents, at least, claims 1, 2, 4, 6 and 7 of the
`
`Fast Felt '757 Patent.
`Fast Felt '757 Patent.
`
`51. Owens Coming has directly infringed and continues to directly infringe at least
`51.
`Owens Coming has directly infringed and continues to directly infringe at least
`
`claims 1, 2, 4, 6 and 7 of the Fast Felt '757 Patent under 35 U.S.C. § 271(a) by at least practicing
`claims 1, 2, 4, 6 and 7 of the Fast Felt '757 Patent under 35 U.S.C. § 27 1 (a) by at least practicing
`
`the method described in those claims.
`the method described in those claims.
`
`52. As a direct and proximate result of Owens Corning's infringement of the Fast Felt
`52.
`As a direct and proximate result of Owens Coming's infringement of the Fast Felt
`
``757 Patent, Fast Felt has suffered, and will continue to suffer, serious irreparable injury for
`'757 Patent, Fast Felt has suffered, and will continue to suffer, serious irreparable injury for
`
`which Fast Felt is entitled to recover damages adequate to compensate it for such infringement,
`which Fast Felt is entitled to recover damages adequate to compensate it for such infringement,
`
`but, in no event, less than a reasonable royalty.
`but, in no event, less than a reasonable royalty.
`
`53.
`53.
`
`To the extent required by law, Fast Felt complied with the provisions of 35 U.S.C.
`To the extent required by law, Fast Felt complied with the provisions of 35 U.S.C.
`
`§ 287 with respect to the '757 Patent.
`§ 287 with respect to the '757 Patent.
`
`54. Owens Corning publicly states it has a policy to "... appropriately respect the
`54.
`Owens Coming publicly states it has a policy to "... appropriately respect the
`
`intellectual property of others by not knowingly infringing the valid and enforceable intellectual
`intellectual property of others by not knowingly infringing the valid and enforceable intellectual
`
`10
`10
`
`Petitioner - Owens Corning
`Ex. 1015, p. 10 of 32
`
`

`

`Case: 3:14-cv-00803-DAK Doc #: 1 Filed: 04/14/14 11 of 13. PagelD #: 11
`Case: 3:l4-cv-00803-DAK Doc#:l Filed: 04/14/14 11 of 13. Page)D#:ll
`
`property rights of others." http://1.vww.otte-report.com/downioad.him1/20 I 2/sharedilibrary/0770-
`property rights of others." httn://\vww.one-renQrl.com/download.hlml/2Qi2/shared/librarv/0770-
`
`00008474.pdf.
`OOQ08474.pdf.
`
`55.
`55.
`
`Fast Felt provided notices to Owens Corning of the Fast Felt 4757 Patent in June
`Fast Felt provided notices to Owens Corning of the Fast Felt '757 Patent in June
`
`2012; each of the notices included a copy of the Fast Felt
`2012; each of the notices included a copy of the Fast Felt '757 Patent. After receiving no
`'757 Patent. After receiving no
`
`response, a follow-up letter seeking a response was sent three (3) months later, in September
`response, a follow-up let