PTAB

IPR2022-00583

Hirsch Glass Corp v. Cambria Co LLC

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Key Events
Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Synthetic Molded Slabs, and Systems and Methods Related Thereto
  • Brief Description: The ’626 patent relates to systems and methods for manufacturing synthetic molded slabs, such as quartz countertops, with complex veining patterns designed to emulate natural quarried stone. The invention focuses on creating slabs with multiple, distinct pigmented veins that extend lengthwise and through the entire thickness of the slab according to a predefined pattern.

3. Grounds for Unpatentability

Ground 1: Obviousness over Bigi and Benito Lopez - Claims 1, 5-19 are obvious over Bigi in view of Benito Lopez.

  • Prior Art Relied Upon: Bigi (WO 2005/097447) and Benito Lopez (Application # 2015/0360507).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that the combination of Bigi and Benito Lopez teaches all limitations of the challenged claims. Benito Lopez discloses a process for manufacturing large artificial stone slabs from materials including quartz, resin, and pigments, with veins (“strati”) that extend through the entire slab thickness. Bigi, in the analogous art of decorative ceramics, teaches an apparatus and method for creating distinct, "curved and flexuous" veining patterns by depositing different ceramic materials from a hopper with movable partitions. Petitioner asserted this combination teaches the key limitations of independent claim 1: a large processed quartz slab (Benito Lopez, with size being an obvious design choice for countertops), having substantially bowed, through-thickness veins (Bigi and Benito Lopez), formed from at least two different, substantially unmixed mineral mixes distributed according to a predefined pattern (Bigi). The arguments for dependent claims 5-19 were presented as flowing from this primary combination, disclosing features like differently colored mixes and specific vein arrangements taught by Bigi.
    • Motivation to Combine: Petitioner contended a person of ordinary skill in the art (POSITA) would combine Bigi's sophisticated veining pattern technology with Benito Lopez's large-format quartz slab manufacturing process. The motivation stemmed from market pressure to create engineered stone slabs that more realistically mimic the complex, natural appearance of quarried stone like marble.
    • Expectation of Success: A POSITA would have a reasonable expectation of success because the references operate in analogous fields (processed slabs and decorative ceramics) and involve combining predictable mechanical and material-handling techniques.

Ground 2: Obviousness over Bigi, Benito Lopez, and Toncelli ’044 - Claims 2-4 and 20 are obvious over Bigi and Benito Lopez in view of Toncelli ’044.

  • Prior Art Relied Upon: Bigi (WO 2005/097447), Benito Lopez (Application # 2015/0360507), and Toncelli ’044 (’044 application, Application # 2004/0032044).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground builds upon the slab taught by the combination of Bigi and Benito Lopez in Ground 1. It adds Toncelli ’044 to address the limitations of claims 2-4 and 20, which require a "plurality of transverse pigmented veins extending transversely to and intersecting the first substantially bowed pigmented vein." Toncelli ’044 teaches an improved method for creating a "veined effect" in engineered stone by applying a second, dyed mixture of crushed stone to the surface of the primary slab material before compression. It further discloses using a "comb or rake-like tool" to create irregular and random grooves, which Petitioner argued would inherently create transverse veins that intersect any existing longitudinal veins.
    • Motivation to Combine: Petitioner argued a POSITA, seeking to create the most authentic-looking synthetic stone, would be motivated to add the transverse veining technique of Toncelli ’044 to the advanced longitudinal veining slab produced by the Bigi and Benito Lopez combination. This would better emulate natural marble, which often exhibits both longitudinal and intersecting transverse veins, thus satisfying a known market desire for aesthetic realism.
    • Expectation of Success: Success would be expected, as this ground simply involves applying a known surface treatment technique (Toncelli ’044) to a known type of base slab (from Ground 1) to achieve a predictable, combined aesthetic effect.

4. Arguments Regarding Discretionary Denial

  • Petitioner argued that discretionary denial under Fintiv would be improper. It asserted that the parallel district court litigation was in its early stages, with no trial date set and discovery not significantly advanced. Petitioner contended that the inter partes review (IPR) would be a more efficient forum for resolving the validity of all asserted utility patent claims and that the petition presented a strong challenge based on prior art not considered during prosecution.

5. Relief Requested

  • Petitioner requests institution of an IPR and cancellation of claims 1-20 of the ’626 patent as unpatentable.