Knauf Insulation v. Johns Manville - Complaint

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 1 of 12 PageID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KNAUF INSULATION, LLC,
KNAUF INSULATION GMBH, and
KNAUF INSULATION SPRL,
)
)
)
)
)
)
)
Plaintiffs,
vs.
JURY TRIAL DEMAND
Case No. 1:15-CV-00111
JOHNS MANVILLE CORPORATION and

JOHNS MANVILLE, INC.,
)
)
)
)
)
Defendants.
COMPLAINT AND JURY DEMAND
COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, Knauf Insulation, LLC, Knauf Insulation GmbH, and Knauf Insulation
SPRL, for their Complaint against the Defendants, Johns Manville Corporation and
Johns Manville, Inc., allege as follows:
NATURE OF THE ACTION
1.
This is an action for patent infringement.
Defendants have violated, and
continue to violate, inter alia, the patent laws of the United States, 35 U.S.C. 271 and
281-285, 289, by infringing Plaintiffs U.S. Patent Nos. 8,114,210; 8,940,089; and
D631,670.
PARTIES
2.
Plaintiff Knauf Insulation, LLC is a limited liability company organized and
existing under the laws of Delaware, having a principal place of business at One Knauf
Drive, Shelbyville, Indiana 46176.
3.
Plaintiff Knauf Insulation GmbH is a foreign limited liability company
organized and existing under the laws of the country of Germany, having a principal
place of business at Am Bahnhof 7, 97346 Iphofen, Germany.
4.
Plaintiff Knauf Insulation SPRL is a foreign limited liability company organized
and existing under the laws of the country of Belgium, having a principal place of
business at Rue de Maestricht 95, 4600 Vis, Belgium.
5.
Upon information and belief, Defendant Johns Manville Corporation is a
corporation organized and existing under the laws of the State of Delaware, having a
principal place of business at 717 17th Street, Denver, Colorado 80202.
6.
Upon information and belief, Defendant Johns Manville, Inc. is a corporation
registered with the Indiana Secretary of State organized and existing under the laws of
the State of Delaware, having a principal place of business at 717 17th Street, Denver,
Colorado 80202.
7.
Upon information and belief, Defendant Johns Manville, Inc. is incorporated
under the name Johns Manville in Delaware.

8.
Upon information and belief, Defendants Johns Manville Corporation and
Johns Manville, Inc. are wholly owned subsidiaries of Berkshire Hathaway Inc.,
headquartered in Nebraska.
JURISDICTION AND VENUE

9.
This Court has subject matter jurisdiction of this Action pursuant to 28 U.S.C.
1338(a).
10.
This Court has personal jurisdiction over Defendants because Defendants do
business in Indiana, including having an insulation manufacturing facility in Wayne

2
County, Indiana, and conduct business through several distributors located in Indiana,
with at least one being located in this district.
11.
Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400
because Defendants are each a corporation subject to personal jurisdiction in this

district, and because Defendants have a regular and established place of business in
this district and have committed acts of infringement in this district, including the
shipment and sale of the accused infringing product(s) into and/or out of this judicial
district.
12.
On information and belief, Defendant Johns Manville, Inc., may be served via
its registered agent, The Prentice-Hall Corporation System, Inc., Suite 500, 251 East
Ohio Street, Indianapolis, IN 46204.
BACKGROUND FACTS
13.
Plaintiffs Knauf Insulation GmbH, Knauf Insulation SPRL, and Knauf
Insulation, LLC are affiliated companies (hereafter collectively, Knauf Insulation) and
produce and sell building materials, including insulation, such as fiberglass insulation
and related products.
14.
Defendants are and have been direct competitors of Knauf Insulation GmbH
and Knauf Insulation, LLC in the U.S. for fiberglass insulation products.
The Knauf Insulation Patents

15.
Plaintiffs Knauf Insulation SPRL and Knauf Insulation, LLC are each owners
of one-half undivided interests of:
a. United States Patent No. 8,114,210 entitled Binders (hereinafter the

210 Patent). A true and accurate copy of the 210 Patent is attached as
Exhibit 1. The 210 Patent issued on February 14, 2012;
b. United States Patent No. 8,940,089 entitled Binders (hereinafter the
089 Patent). A true and accurate copy of the 089 Patent is attached as
Exhibit 2. The 089 Patent issued on January 27, 2015; and,
c. United States Patent No. D631,670 entitled Insulation Material
(hereinafter the 670 Patent).
A true and accurate copy of the 670
Patent is attached as Exhibit 3. The 670 Patent issued on February 1,

2011.
Collectively, those three patents are referred to herein as the Patents in Suit.
16.
Plaintiff Knauf Insulation GmbH assigned assets used in its business,
including any and all interest in the Patents in Suit, to Knauf Insulation, LLC effective
December 31, 2014.
17.
Knauf Insulation GmbH and Knauf Insulation, LLC have sold patented
insulation products in the U.S.

18.
Knauf Insulation GmbH and Knauf Insulation, LLC have marked patented
articles made, offered for sale, or sold by or for them in the U.S. with the Patents in Suit
in compliance with 35 U.S.C. 287.
Johns Manvilles Conduct

19.
Upon information and belief, Defendants are offering for sale in the U.S.
Formaldehyde Free Bio-based binder insulation products (hereafter, JM Bio-based

Binder Insulation). True and accurate copies of examples of Defendants marketing
4
materials, product information sheets, and technical bulletins for its JM Bio-based
Binder Insulation are attached hereto as Exhibits 4-20.
20.
Defendants market at least some of the JM Bio-based Binder Insulation as
EasyFit, RANGE-GLAS EQ, SPIN-GLAS WH EQ, Flex-Glass EQ, Microlite EQ,

Microlite L, ComfortTherm, and PEBS Blanket insulation. Exhibits 10-20.
21.
Exhibit 4 is a true and accurate copy of a portion of Defendants 2012
Sustainability Report and includes true and accurate photographs of JM Bio-Based

Binder Insulation.
22.
JM Bio-based Binder Insulation is insulation including fiberglass. Exhibits 10-
23.
JM Bio-based Binder Insulation is made of long, resilient glass fibers bonded
20.
with our bio-based binder. Exhibit 10.

24.
JM Bio-based Binder Insulation binder is made mostly with rapidly renewable
plant-based materials. Exhibit 10.

25.
Exhibit 7 is a true and accurate copy of Defendants January 23, 2013 Bulletin
Number IST 13-002, entitled Bio-Based Binder Product Compliance to Industry

Specifications.
26.
JM Bio-based Binder Insulation is an earthy brown color. Exhibit 7; Exhibits
10-19.
27.
JM Bio-based Binder Insulation binder comprises approximately 5% of the
weight of the finished product. Exhibit 9 at 1; Exhibit 8 at 1.

28.
On information and belief, binder in each of the JM Bio-based Binder
Insulation products described in Exhibits 10-19 is made with a Maillard reaction.
29.
Insulation products described in Exhibits 10-19 includes melanoidins.

30.
Insulation products described in Exhibits 10-19 is from a solution including one or more
reducing sugars.
31.
Insulation products described in Exhibits 10-19 is from a solution including dextrose.

32.
Insulation products described in Exhibits 10-19 is from a solution including one or more
amines.
33.
Insulation products described in Exhibits 10-19 is from a solution including an

ammonium salt dissolved in solution.
34.
Insulation products described in Exhibits 10-19 is from a solution including ammonium

sulphate salt dissolved in solution.
35.
Insulation products described in Exhibits 10-19 has a pH of greater than 6 when

dissolved in water.
36.
On information and belief, each of the JM Bio-based Binder Insulation
products described in Exhibits 10-19 is made from combining one or more reducing
sugars with one or more amines in an aqueous solution, spraying that solution onto
fiberglass, and heating that combination in an oven.
37.
products described in Exhibits 10-19 has an ordinary parting strength of at least 120 g/g
(gram / gram).
38.
products described in Exhibits 10-19 has a weathered parting strength of at least 120
g/g (gram / gram).
39.
JM Bio-based Binder Insulation is formaldehyde-free. Exhibits 6-17.
40.
Insulation products described in Exhibits 10-19 is from a solution that liberates less than
5 ppm (parts per million) formaldehyde as a result of drying and/or curing.
41.
Insulation products described in Exhibits 10-19 is from a solution that liberates less than
1 ppm (parts per million) formaldehyde as a result of drying and/or curing.
42.
Insulation products described in Exhibits 10-19 includes one or more silicon-containing

coupling agent(s).
43.
products described in Exhibits 10-19 includes residual levels of more than 500
milligrams of sulfates, phosphates, nitrates, carbonates, or combinations thereof per
kilogram of finished material.
44.
products described in Exhibits 10-19 has a thermal conductivity of less than 0.05 W/mK
(Watts / meter-Kelvin).
45.
products described in Exhibits 10-19 has a density greater than 5 kg/m3 and less than
80 kg/m3.
46.
products described in Exhibit 10-13 complies with ASTM C665 Standard Specification
for Mineral-Fiber Blanket Thermal Insulation for Light Frame Construction and
Manufactured Housing.
47.
products described in Exhibit 14-15 complies with ASTM C991 Standard Specification
for Flexible Fibrous Glass Insulation for Metal Buildings.
48.
products described in Exhibits 10-19 is manufactured by a method that includes treating

a collection of fibers with a substantially formaldehyde free binder solution.
49.
products described in Exhibits 10-19 is manufactured by a method that includes

arranging a collection of fibers treated with binder into the shape of an insulation
product.
50.
products described in Exhibits 10-19 is manufactured by a method that includes curing

a binder by applying a source of energy.
COUNT I - INFRINGEMENT OF U.S. PATENT 8,114,210

51.
Plaintiffs incorporate by reference paragraphs 1 through 50.
52.
On information and belief, Defendants have infringed (directly, contributory
and/or by inducement) one or more of method claims 10, 11, and 12 of the 210 Patent.
This infringement includes, in part, the manufacture of JM Bio-based Binder Insulation.
53.
On information and belief, Defendant Johns Manville, Inc. has been aware of
the 210 Patent.

54.
On information and belief, Defendant Johns Manville Corporation has been
aware of the 210 Patent.

55.
On information and belief, Defendants infringement of the 210 Patent has
been with knowledge and willful.

56.
Plaintiffs have been damaged by Defendants infringement and will suffer
irreparable injury unless Defendants are enjoined by this Court.
COUNT II - INFRINGEMENT OF U.S. PATENT 8,940,089

57.
58.
On information and belief, Defendants have infringed (directly, contributory
and/or by inducement) one or more claims of the 089 Patent.
This infringement
includes, in part, the manufacture, sale, offer for sale and use of JM Bio-based Binder
Insulation.
59.
COUNT III INFRINGEMENT OF U.S. PATENT D631,670

60.
61.
JM Bio-based Binder Insulation have substantially the same ornamental
design as claimed in the 670 Patent.

62.
On information and belief, Defendants has infringed the 670 Patent. This
infringement includes, in part, the manufacture, sale, offer for sale and use of JM Biobased Binder Insulation.
63.
On information and belief, Defendant Johns Manville, Inc. has been aware of
the 670 Patent.

64.
On information and belief, Defendant Johns Manville Corporation has been
aware of the 670 Patent.

65.
On information and belief, Defendants infringement of the 670 Patent has
been with knowledge and willful.

66.
RELIEF
WHEREFORE, Plaintiffs pray for judgment as follows:
A.
A judgment of infringement of the Patents in Suit entered in favor of
Plaintiffs against Defendants.

B.
An order enjoining Defendants and Defendants officers, agents, servants,
employees, and attorneys and other persons who are in active concert or participation
with such Defendants, officers, agents, servants, employees, and attorneys from further
acts of infringement of the Patents in Suit.
10
C.
An award of damages for infringement, and in any event not less than a
reasonable royalty.
D.
An award of Defendants total profit and other remedies per 35 U.S.C.
289 from infringing the 670 Patent.

E.
The amount of damages and profits enhanced by three times.
F.
An award to Plaintiffs of interest, fees, and costs.
G.
An order granting all other relief that is legal and/or equitable.
11
JURY DEMAND
Plaintiffs respectfully demand a jury trial on all issues of fact.
Respectfully submitted,
s/Daniel J. Lueders/
Daniel J. Lueders
Spiro Bereveskos
WOODARD, EMHARDT, MORIARTY,
MCNETT & HENRY LLP
111 Monument Circle, Suite 3700
Indianapolis, Indiana 46204-5137
(317) 634-3456 Telephone
(317) 637-7561 Facsimile
Email: lueders@uspatent.com
D. Rusty Denton
BINGHAM GREENEBAUM DOLL LLP
2700 Market Tower
10 West Market Street
Indianapolis, Indiana 46204
(317) 635-8900 Telephone
Email: ddenton@bgdlegal.com
Attorneys for Plaintiffs Knauf Insulation,
LLC, Knauf Insulation GmbH, and Knauf
Insulation SPRL
12
Case 1:15-cv-00111-WTL-MJD Document 1-1 Filed 01/27/15 Page 1 of 14 PageID #: 13
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5

th
717 17 Street
Denver, CO 80202
(800) 654-3103
www.jm-oem.com
TECHNICAL BULLETIN Insulation Systems

Bulletin Number: OEMT13-001
Date: March 18, 2013
Distribution: JM OEM Team Internal
Range-Glas EQ and Spin-Glas WH EQ Bio-Based Binder Product Compliance

Johns Manville Range-Glas EQ and Spin-Glas WH EQ Formaldehyde-free fiber glass insulation
from Winder will now be manufactured using a bio-based binder. The new binder is made primarily
from rapidly renewable plant-based materials, and is engineered for optimal performance in JMs
advanced manufacturing process.
The new binder composition results in a change to the products appearance, which is now a brown
color. The color and binder differences have no impact on the basic performance properties of the
insulation, and testing at accredited Johns Manville and external laboratories has confirmed that
products utilizing the new binder continue to comply with all the performance requirements of industry
standards.
Industry Standard Compliance

Range-Glas EQ and Spin-Glas WH EQ meets the following codes and standards:
Fire Hazard Classification (FHC)
ASTM C518
ASTM C423
ASTM C411
ASTM C665
ASTM C1338
ASTM C1104
ASTM C1304
FHC 25/50 per ASTM E84, UL 723 and CAN/ULC S102M88, NFPA 90A and NFPA 90B
Thermal Transmission Properties
Sound Absorption
Temperature Limits (1000F max.)
Corrosiveness
Fungi Resistance
Water Vapor Sorption
Odor

Bulletin Number: OEMT13-001
Page: 2 of 2
Product Comparisons
The new binder does not change the size, form, or applicability of the product. Therefore, JMs new biobased binder products can, and should, be used interchangeably with the existing products.
Fabricators have found that products made with the new bio-based binder handle well during the
fabrication process.
Range-Glas Insulation Comparison
Demonstrates equal
performance in all of
the required properties.
Exhibits a somewhat
better feel when
handling.
Demonstrates less
smoke and odor during
the self-clean cycle.
Performance Properties
Range-Glas XG
Formaldehyde-Free Binder
Range-Glas EQ
New Bio-Based Binder
Available Densities
1.02 pcf 2.5 pcf
1.02 pcf 2.5 pcf
Available Thicknesses
1.0 in 4.0 in
1.0 in 4.0 in
Temperature Limit
1000 F
1000 F
Thermal Conductivity (ASTM C518)
0.26 - 0.22
0.26 - 0.22
Sound Absorption (ASTM C423)
0.65 - 0.80
0.65 - 0.80
Corrosiveness (ASTM C665)
Pass
Pass
Fire Hazard Classification (ASTM E84)
25/50
25/50
NFPA 90A and 90B
Meets
Meets
Recycle Content
Color
White
Brown
Binder Type
Acrylic
Bio-based
De-dusting Oil (type/amount)
No change
Dust
No change
Feel
Improved
Fabrication/Cut-ability
No change
Self -Clean (smoke)
Less observed
Self-Clean (odor)
Less detected
Self-Clean (odor type)
Burnt
Burnt Cookies
Self-Clean (off gas composition)
See MSDS
TBD
Spin-Glas Water Heater Insulation Comparison
Demonstrates equal
performance in all of
the required properties.
Exhibits a somewhat
better feel when
handling.
Performance Properties
Spin-Glas WH XG
Formaldehyde-Free Binder
Spin-Glas WH EQ
New Bio-Based Binder
Available Densities
1.02 pcf 2.0 pcf
1.02 pcf 2.0 pcf
Available Thicknesses
1.0 in 2.0 in
1.0 in 2.0 in
Temperature Limit
1000 F
1000 F
Thermal Conductivity (ASTM C518)
0.26 - .22
0.26 - 0.22
Sound Absorption (ASTM C423)
.60 -.65
.60 - .65
Corrosiveness (ASTM C665)
Pass
Pass
Fire Hazard Classification (ASTM E84)
25/50
25/50
NFPA 90A and 90B
Meets
Meets
Recycle Content
Color
White
Brown
Binder Type
Acrylic
Bio-based
De-dusting Oil (type/amount)
No change
Dust
No change
Feel
Improved
Fabrication/Cut-ability
No change
EXHIBIT 6
We'll always put performance first.

At Johns Manville, everyone in our company is committed to a core principle: materials matter. Our focus on performance inspires our research, design and manufacturing teams to
consistently deliver quality products that promote more comfortable, healthier and energy efficient environments.
Introducing our latest product improvement

Johns Manville Formaldehyde-free fiber glass building insulation now contains a bio-based binder. (A binder is the "glue" that holds together glass fibers and helps products like batts and rolls retain
their shape and performance.) Our new bio-based binder includes rapidly renewable plant-based materials while remaining compliant with the same industry specifications. Applicators believe the new
product offers additional benefits, including:
Improved handling
Easier cutting
Less dust
Continued indoor air quality
Data Sheets
Residential/Commercial Insulation
Unfaced, Kraft Faced, and FSK Thermal & Acoustical Fiber Glass Insulation for Wood, Engineered Wood, & Steel Frame Construction
ComfortTherm Formaldehyde-free Fiber Glass Insulation for Wood, Engineered Wood, & Steel Frame Construction
EasyFit Formaldehyde-free Fiber Glass Insulation for Wood & Steel Frame Construction
FSK-25 Faced Formaldehyde-free Fiber Glass Insulation for Wood, Engineered Wood, & Steel Frame Construction
Metal Building
PEBS Blanket Data Sheet
Microlite L Data Sheet
Safety Data Sheets

Formaldehyde-free Fiber Glass Building and Flexible Duct Insulation
Fire-Retardant Faced, Formaldehyde-free Fiber Glass Building Insulation
Bulletins
Technical Bulletin
What people are saying

We immediately noticed the benefits of JM's new bio-based binder products. The batts are easy to cut, and have much less odor and dust compared to other batts. We are very happy with
JM's new product.
Benoit Brassard, Owner, Isolation Red Hot Insulators
EXHIBIT 7

Bulletin Number: IST13-002
Date: January 23, 2013
Distribution: External

Bio-Based Binder Product Compliance to Industry Specifications

Johns Manville fiber glass building insulation products are transitioning to a new biobased
Formaldehydefree binder. The binder is a small but important component of the product, holding the
glass fibers in place to maintain the shape of the batt or roll insulation. Developed inhouse by JM
chemists, the new binder is made from rapidly renewable plantbased materials, and is engineered for
optimal performance in JMs advanced manufacturing process.

The new binder composition results in a change to the products appearance which is now an earthy
brown color. The color and binder differences have no impact on the basic performance of the
insulation, and testing at accredited Johns Manville and external laboratories has confirmed that
products utilizing the new binder continue to comply with all the performance requirements of
industry standards including ASTM C665 Standard Specification for MineralFiber Blanket Thermal
Insulation for Light Frame Construction and Manufactured Housing.

Industry Standard Compliance
Standard Specification for MineralFiber Blanket ASTM C665

Dimensional Tolerances: ASTM C167
Thermal Transmission Properties: ASTM C 518
Surface Burning Characteristics, Flame 25 or less, Smoke 50 or less: ASTM E84
Critical Radiant Flux: ASTM E970
Water Vapor Sorption: ASTM C1104
Odor emission: C1304
Corrosiveness: ASTM C 665 and ASTM C1617
Fungi Resistance: ASTM C 1338
Noncombustible: ASTM E 136
Underwriters Laboratories, Inc. Classified FHC 25/50

Specification and Installation
The new binder does not change the size, form, or applicability of the building insulation
products throughout the product line, and the updated version can be used interchangeably
with the previous products. Standard installation procedures apply.
EXHIBIT 8
Bulletin Number: ISM13-01

Date: January 18, 2013
Johns Manvilles Latest Advancement in Binder Technology: Frequently Asked Questions
Mechanical Insulation
Why is JM introducing a new binder?
Johns Manville is committed to continuous product

improvement. We revolutionized the insulation industry
more than a decade ago by eliminating formaldehydebased binders from many of our insulation products.
By doing so, we became the first manufacturer to offer
a complete line of certified Formaldehyde-freeTM fiber
glass building insulation.
JMs latest innovation in binder technology is our new
bio-based formaldehyde-free binder for light density
fiber glass. Since it is made primarily of rapidly
renewable plant-based materials, our new binder will
help us satisfy the increasing demand for agriculturallysourced products.
What is binder?
Binder is glue that holds together glass fibers and

comprises approximately 5% of the weight of the
finished product. All dimensioned products need binder
to retain their shape and performance. Also, because
many fiber glass products are packaged under
compression, binder promotes recovery to labeled
thickness.
Fiber glass insulation binders can be made of multiple
alternative chemistries including phenol-formaldehyde,
acrylic and bio-based materials. Before this transition
to a bio-based binder, JM previously used an acrylic
binder for light density products and phenolic for
density products.
Is the new bio-based binder formaldehydefree?
Yes. JM products made with new bio-based binder

contain no added formaldehyde and do not emit
formaldehyde.
When will the new binder be introduced?
We will begin transitioning to our new bio-based binder

starting in February 2013. Some mechanical
customers will start to see the new duct wrap product
as soon as February.

How long has the bio-based binder been in
the works?
JM has spent years advancing its fiber glass binder

technology and this new bio-based binder has been
researched and field tested extensively.
While innovation is important to us, ensuring that our
products meet critical customer requirements is our top
priority. As a result, JM was methodical and thorough
in the development of this new binder. We regularly
benchmark the best attributes of insulation currently
offered in the market, which helps us deliver customervalued product improvements.
Is JMs new binder the same as the

binders used by other manufacturers?
No. While some competitors also use bio-based

binders, JMs new binder chemistry is unique and
engineered specifically for our advanced manufacturing
process.
What customer-driven qualities were

emphasized in the development of the
bio-based binder?
In addition to our continued commitment to improving

indoor air quality and the health of building occupants,
Johns Manvilles new bio-based binder will satisfy the
increasing demand for products that are agriculturallysourced.
How did the new JM product perform in

field trials?
Feedback from building insulation and initial duct wrap

field trials confirmed that contractors believe the new
product offers improved handling, easier cutting and
less dust.
Will the new bio-based binder product look

different?
Yes. Appropriately, JM products made with the new

bio-based binder are a brown color and do not contain
any added colorants or dyes.
The packaging will remain the same with the new
product designation indicated in the graphics.
Are there any performance differences

between the old and new products?
Products made with JMs new bio-based binder meet

the same industry standards and performance
characteristics as the old product. The color and binder
differences have no impact on the basic performance
properties of the insulation.
Is JM fiber glass insulation sustainable?
Yes. Mineral fiber insulations like JMs fiber glass

insulation are sustainable because, once installed, they
save energy for the life of the building. Reductions in
energy use result in reductions in power plant
emissions, which enhances public health and the
environment. JMs fiber glass also has recycled
content in the form of both pre- and post-consumer
recycled glass.
Will products made with the new bio-based

binder cost more?
No. We are currently able to deliver this innovation to

customers at the same prices as our existing acrylicbased products.

When can I expect to receive the new
product?
Some fast-moving products will convert during

February. However, due to existing inventory it will
take several months to fully transition the market from
the existing white to the new brown product. We will
also supply a modest quantity of phenolic duct wrap in
order to facilitate the manufacturing transition to the
new binder. Some customers will receive this product
(yellow in color) until mid-year.
At the time of order, can I request any of

the product choices?
No. Each product will transition to the brown bio-based

binder when other inventory of that particular product is
depleted.
Can JMs white, brown, or yellow products

be used on the same jobsite?
Yes. There are no performance compatibility issues

with mixing products. All products meet the same
specifications and code requirements. They can and
should be used interchangeably.
Will JMs product offering remain the

same?
Yes. Our product offering and packaging

configurations will remain the same. The bio-based
binder products will be available in all product forms
previously available for duct wrap.
Will JMs other air handling products be

impacted?
Insulation used in the manufacture of flexible duct is

planned for late spring. Duct liner and duct board
products are in the midst of active product development
and evaluation trials. We will update you on these
developments at the appropriate time.
How do I handle questions about product

differences?
JM has published a technical bulletin detailing the code

compliance of the new product. Please visit
specJM.com/HVACEQ to obtain a copy of the technical
bulletin. Also, there is a letter that may be used to
validate submittals and answer questions.
Where can I find data sheets for the new

bio-based binder product?
Please visit specJM/HVACEQ.com for marketing

support materials including data sheets, MSDS and
technical bulletins.
What kind of training will be provided to the

installers on the new JM product?
We expect contractors to see no functional difference

between our existing and bio-based binder products.
Your local JM Market Development Manager and
Account Manager will be available to assist you upon
request.
Who should I call if I have additional

questions about this change?
Please contact your local JM Market Development,

Account Manager or JM Technical Services at 1-800654-3103.
EXHIBIT 9

th
717 17 Street
Denver, CO 80202
(800) 654-3103
www.jm-oem.com
MARKETING BULLETIN Insulation Systems

Bulletin Number: OEMM13-001 Revised 2
Range-Glas EQ and Spin-Glas WH EQ Insulation

Johns Manvilles Latest Advancement in Binder Technology
Frequently Asked Questions (FAQs)
OEM
Why is JM introducing a new binder?
Johns Manville is committed to continuous product improvement. We revolutionized the
insulation industry more than a decade ago by eliminating formaldehyde-based binders from
our building insulation products. By doing so, we became the first manufacturer to offer a
complete line of certified Formaldehyde-free fiber glass building insulation.
JMs latest innovation in binder technology is our new bio-based formaldehyde-free binder for
light density fiber glass. Since it is made primarily of rapidly renewable plant-based materials,
our new binder will help us satisfy the increasing demand for agriculturally-sourced products.
What is binder?
Binder is glue that holds together glass fibers and comprises approximately 5% of the weight
of the finished product. All dimensioned products need binder to retain their shape and
performance. Also, because many fiber glass products are packaged under compression,
binder promotes recovery to labeled thickness.
Fiber glass insulation binders can be made of multiple alternative chemistries including phenolformaldehyde, acrylic and bio-based materials. Before this transition to bio-based binder, JM
previously used an acrylic binder.
Is the new bio-based binder formaldehyde-free?
Yes. JM products made with bio-based binder contain no added formaldehyde.
When will the new binder be introduced?
We introduced bio-based binder to Canadian building insulation customers in October 2012
with great success. Our U.S. launch is a phased multi-plant rollout, beginning the week of
January 28 with the conversion of the Willows, California manufacturing plant. In order to
minimize disruption in the market, our goal is to convert our McPherson and Winder fiber glass
manufacturing plants by the mid-year.
This change will affect the range and water heater products. The Winder, Georgia plant is
expected to convert to the new-bio based binder in June 2013.

Bulletin Number: OEMM13-001 Revised 2
Page: 2 of 4
Will the name of the product change?

Yes. The new product names will be changed to Range-Glas EQ and Spin-Glas WH EQ
Insulation.
How long has the bio-based binder been in development?
JM has spent years advancing its fiber glass binder technology and this new-bio based binder
has been researched and field tested extensively.
While innovation is important to us, ensuring that our products meet critical customer
requirements is our top priority. As a result, JM was methodical and thorough in the
development of this new binder. We regularly benchmark the best attributes of insulation
currently offered in the market, which helps us deliver customer-valued product improvements.
Is JMs new binder the same as the binders used by other manufacturers?
No. While some competitors use bio-based binders, JMs new binder chemistry is unique and
engineered specifically for our advanced manufacturing process.
What customer-driven qualities were emphasized in the development of the bio-based binder?
In addition to our continued commitment to improving indoor air quality and the health of
building occupants, Johns Manvilles new bio-based binder will satisfy the increasing demand
for sustainable products that are agriculturally-sourced.
How has the new JM product performed for the BI market in Canada?
Feedback from Canadian customers confirmed that installers believe the new product offers
improved handling, easier cutting and less dust.
Will the new bio-based binder product look different?
Yes. One notable change will be the

color. JM products made with the
new bio-based binder are a new
brown color and do not contain any
added colorants or dyes.
Are there any performance differences between the old and new products?
Products made with JMs new bio-based binder meet the same industry standards and
performance characteristics as the existing product. The color and the binder differences have
no impact on the base performance properties of the insulation.

Bulletin Number: OEMM13-001 Revised
Page: 3 of 4
Is JM fiber glass insulation sustainable?

Yes. Mineral fiber insulations like JMs fiber glass insulation are sustainable because, once
installed, they save energy. Reductions in energy use result in reductions in power plant
emissions, which enhances public health and the environment. Fiber glass also has recycled
content in the form of both pre- and post-consumer recycled glass.
Will products made with the new bio-based binder cost more?
No. We are currently able to deliver this innovation to U.S. customers at the same prices as
our existing acrylic-based products. Any announced price increases will apply to both
products.
When can I expect to receive the new product?
Customers receiving product from the Winder manufacturing plant should expect a full
conversion effective for range products manufactured beginning June 2013.
Will time be given to validate the bio-based binder product with OEM customers?
Yes. Sample material will be provided to fabricators in April 2013 to begin working with OEMs
on product validation.
At the time of order, can I request either white or brown product?
No. Each product will transition to the brown bio-based binder when the white inventory of that
particular product is depleted.
Can JMs white and brown products be used in the same application?
Yes. There are no performance compatibility issues with mixing the two products. Both have
the same code approvals and can and should be used interchangeably.
Will JMs product offering remain the same?
Yes. Our product offering and packaging configurations will remain the same. The bio-based
binder products will be available in all sizes as indicated on the data sheets.
The product labels will be updated to reflect the new product names.
Range-Glas EQ Insulation
Spin-Glas WH EQ Insulation
How do I handle questions about product differences?
JM has published a technical bulletin with a comparison of the white and brown product for
Range-Glas EQ and Spin-Glas WH EQ. Please contact your OEM Sales Representative to
obtain a copy of the technical bulletin.

Bulletin Number: OEMM13-001 Revised
Page: 4 of 4
Where can I find data sheets for the range products with the bio-based binder?
Market support materials including data sheets and MSDS are being updated and will be
available in April 2013.
Who should I call if I have additional questions about this change?

Please contact your JM OEM Sales Representative.
EXHIBIT 10
Formaldehyde-Free Fiber Glass Insulation

Enhanced with Bio-Based Binder
UNFACED
KRAFT FACED
FOIL FACED
PRODUCT DATA SHEET
COMPANY
Johns Manville is committed to creating more comfortable, healthier and energy
efficient indoor environments. We revolutionized the building insulation industry by
pioneering the development of Formaldehyde-free fiber glass building insulation
over a decade ago. We continue to build on our legacy of innovation with a new
Formaldehyde-free fiber glass insulation solution that utilizes an innovative bio-based
binder, made mostly with rapidly renewable plant-based materials, that continues to
offer excellent thermal and acoustical performance as well as improved handling,
easier cutting and less dust than our previous product. At JM, we believe that in
every detail, materials matter.
DESCRIPTION
JM Formaldehyde-free thermal and acoustical insulation is made of long, resilient
glass fibers bonded with our bio-based binder. A wide range of thermal resistance
R-values is available to provide thermal control for both vertical and horizontal
applications. JM insulation is available unfaced or faced with a variety of facings,
including kraft or foil vapor retarder.
USE
JM Formaldehyde-free thermal and acoustical insulation can be used in a
wide variety of wood frame, engineered wood and steel frame construction
applications, including:
New Construction: residential homes and commercial buildings interior and
exterior walls, floors and ceilings for thermal and sound control, as well as basement
wall insulation.
Retrofit: adding insulation to attics, crawl spaces and above suspended ceilings.
INSTALLATION
JM insulation cuts easily with an ordinary utility knife, and unfaced or tabless versions
install easily by simply pressing in place between studs or joists in standard framing.
Standard facings have stapling tabs for attachment to framing if additional
securement is required.
PACKAGING
JM insulation is compression-packaged for savings in storage and freight costs.
DESIGN CONSIDERATIONS
Kraft and standard foil facings on this product will burn and must not be left exposed.
It must be covered with gypsum board or another approved interior finish. Where an
exposed application is required, use FSK-25 flame-resistant faced insulation.
In colder climate areas, vapor retarders (whether attached to the insulation or applied
separately) are often placed toward the heated or conditioned side of the wall. This is
done to reduce water vapor penetration into the wall from the building interior.
Check your local building codes for vapor retarder requirements.
Refer to JM guide specifications for further design considerations and required
installation instructions.
LIMITATIONS OF USE
Check applicable building codes.
PERFORMANCE ADVANTAGES
Formaldehyde-free: will not off-gas
formaldehyde in the indoor environment.
Thermal Efficiency: provides effective
resistance to heat transfer with R-values
up to R-38 (RSI-6.7).
Sound Control: reduces transmission of
sound through exterior and interior walls
and floor or ceiling assemblies.
Fire Resistant and Noncombustible:
see Specification Compliance.
Durable Inorganic Glass: will not rot,
mildew or deteriorate and is noncorrosive
to pipes, wiring and metal studs.
Superior Performance: bonded glass
fibers are dimensionally stable and will
not slump within the wall cavity, settle or
break down during normal applications.
ENERGY AND ENVIRONMENT
Formaldehyde-Free Fiber Glass Insulation

Enhanced with Bio-Based Binder
a
UNFACED | KRAFT FACED | FOIL FACED
PRODUCT DATA SHEET
APPLICABLE STANDARDS & BUILDING CODE CLASSIFICATION*

JM UNFACED INSULATION
ASTM C665, Type I
IBC, ALL TYPES
JM KRAFT FACED INSULATION

ASTM C665, Type II Class C, Category 1
IBC TYPES II, IV, V
JM FOIL FACED INSULATION

ASTM C665, Type III, Class B, Category 1
IBC TYPES III, IV, V
*JM Insulations complies with IBC (International Building Code), model code requirements for building construction types listed above.
STANDARD SIZES*
R-VALUE
(hr ft2 F/Btu)
11
13
15
19
21
22
25
30
30c
38
38c
RSI VALUE
(m2 C/Watts)
1.9
2.3
2.6
3.3
3.7
3.9
4.4
5.3
5.3
6.7
6.7
THICKNESS**
in (mm)
2w (70)
32 (89)
3s (92)
32 (89)
3s (92)
32 (89)
62 (165)
52 (140)
72 (191)
82 (216)
104 (260)
84 (210)
13 (330)
104 (260)
WIDTH
METAL FRAMING in (mm)
16 (406)
24 (610)
16 (406)
24 (610)
16 (406)
24 (610)
16 (406)
24 (610)
16 (406)
16 (406)
24 (610)
16 (406)
24 (610)
16 (406)
24 (610)
WOOD FRAMING in (mm)
15 (381)
19 (483)
23 (584)
15 (381)
23 (584)
15 (381)
15 (381)
19 (483)
23 (584)
15 (381)
23 (584)
15 (381)
15 (381)
19 (483)
23 (584)
16 (406)
19 (483)
24 (610)
152 (394)
23s (600)
16 (406)
24 (610)
152 (394)
23s (600)
**Consult your local JM sales representative or product availability chart for available sizes and R-values (RSI-values) including wide-roll products.
**Thickness may vary by producing location.
*Special widths and lengths may be available. Check with your local JM sales representative. Standard product lengths include 48, 93 and 96 (1219 mm, 2362 and 2438 mm) batts.
For sound control applications in interior walls.
c Cathedral ceiling application.
PHYSICAL PROPERTIES*
PRODUCTION
Unfaced
Foil Foiled
Kraft Faced
FLAME SPREAD
<25
<75
N/R
SMOKE DEVELOPED VAPOR RETARDER (PERMS)

<50
N/A
<150
0.5
N/R
1
WATER VAPOR SORPTION

<5%
N/A
N/A
DIMENSIONAL STABILITY
Less than 0.1%
Less than 0.1%
Less than 0.1%
*Products are tested in accordance: R-value ASTM C518 | Surface Burning Characteristics ASTM E84 | Perm Rating ASTM E96 | Water Vapor Sorption ASTM C1104
Kraft and standard foil facing will burn. Do not leave exposed. Facing must be installed in substantial contact with an approved ceiling, floor or wall material. Keep open flame and other heat sources away
from facing. Do not place insulation within 3 of light fixtures or similar electrical devices unless device is labeled for contact with insulation. Use only unfaced insulation between wood framing and
masonry chimneys. Do not use insulation in spaces around metal chimneys, fireplaces, or flues. JM Unfaced insulation is considered non-combustible by model building codes. Flame Spread 25 products are
flame spread rated and can be left exposed where codes allow. See package for warnings, fire hazard and installation instructions, or call 1-800-654-3103.
Due to potential skin irritation, unfaced insulation should not be used for exposed applications where it will be subject to human contact.
Visit our website at specJM.com or call 1-800-654-3103 | Building Insulation Division P.O. Box 5108 | Denver, CO 80217-5108
Technical specifi cations as shown in this literature are intended to be used as general guidelines only. The physical and chemical properties of thermal
and acoustical fiber glass insulation listed herein represent typical, average values obtained in accordance with accepted test methods and are subject
to normal manufacturing variations. They are supplied as a technical service and are subject to change without notice. Any references to numerical flame
spread or smoke developed ratings are not intended to reflect hazards presented by these or any other materials under actual fire conditions. Check with
the sales offi ce nearest you for current information. All Johns Manville products are sold subject to Johns Manvilles Limited Warranty and Limitation of
Remedy. For a copy of the Johns Manville Limited Warranty and Limitation of Remedy or for information on other Johns Manville thermal and acoustical
insulation and systems, visit the website or call the 800 number above. 2013 Johns Manville. 717 17th Street Denver CO, 80202
BID-0144 2/13
JMRET130021

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Southern District
__________
District of
of Indiana
__________
Knauf Insulation, LLC,
Knauf Insulation GmbH, and
Knauf Insulation SPRL,
Plaintiff(s)
v.
Johns Manville Corporation and
Johns Manville, Inc.,
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 1:15-CV- 00111
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Johns Manville Corporation
717 17th Street
Denver, CO 80202
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Daniel J. Lueders
D. Rusty Denton
Spiro Bereveskos
Woodard Emhardt Moriarty McNett & Henry LLP
Indianapolis, IN 46204-5137
Bingham Greenebaum Doll LLP

10 W. Market Street, Suite 2700
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:15-CVPROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
! I personally served the summons on the individual at (place)

on (date)
; or
! I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
! I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
! I returned the summons unexecuted because
; or
! Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Southern District
__________
District of
of Indiana
__________
Knauf Insulation, LLC,
Knauf Insulation GmbH, and
Knauf Insulation SPRL,
Plaintiff(s)
v.
Johns Manville Corporation and
Johns Manville, Inc.,
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 1:15-CV- 00111
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Johns Manville, Inc.
717 17th Street
Denver, CO 80202
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Daniel J. Lueders
D. Rusty Denton
Spiro Bereveskos
Woodard Emhardt Moriarty McNett & Henry LLP
Bingham Greenebaum Doll LLP

10 W. Market Street, Suite 2700
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:15-CVPROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
! I personally served the summons on the individual at (place)

on (date)
; or
! I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
! I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
! I returned the summons unexecuted because
; or
! Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00

Knauf Insulation v. Johns Manville - Complaint

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Knauf Insulation v. Johns Manville - Complaint

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Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT

JURY TRIAL DEMAND

Case No. 1:15-CV-00111

JOHNS MANVILLE CORPORATION and

COMPLAINT AND JURY DEMAND

COMPLAINT AND DEMAND FOR JURY TRIAL

This is an action for patent infringement.

Defendants have violated, and

Plaintiff Knauf Insulation, LLC is a limited liability company organized and

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 2 of 12 PageID #: 2

Plaintiff Knauf Insulation GmbH is a foreign limited liability company

Plaintiff Knauf Insulation SPRL is a foreign limited liability company organized

Upon information and belief, Defendant Johns Manville Corporation is a

Upon information and belief, Defendant Johns Manville, Inc. is a corporation

Upon information and belief, Defendant Johns Manville, Inc. is incorporated

under the name Johns Manville in Delaware.

Upon information and belief, Defendants Johns Manville Corporation and

JURISDICTION AND VENUE

This Court has personal jurisdiction over Defendants because Defendants do

business in Indiana, including having an insulation manufacturing facility in Wayne

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 3 of 12 PageID #: 3

because Defendants are each a corporation subject to personal jurisdiction in this

Plaintiffs Knauf Insulation GmbH, Knauf Insulation SPRL, and Knauf

The Knauf Insulation Patents

of one-half undivided interests of:

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 4 of 12 PageID #: 4

a. United States Patent No. 8,114,210 entitled Binders (hereinafter the

A true and accurate copy of the 670

Patent is attached as Exhibit 3. The 670 Patent issued on February 1,

Plaintiff Knauf Insulation GmbH assigned assets used in its business,

insulation products in the U.S.

Johns Manvilles Conduct

Formaldehyde Free Bio-based binder insulation products (hereafter, JM Bio-based

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 5 of 12 PageID #: 5

Defendants market at least some of the JM Bio-based Binder Insulation as

EasyFit, RANGE-GLAS EQ, SPIN-GLAS WH EQ, Flex-Glass EQ, Microlite EQ,

Exhibit 4 is a true and accurate copy of a portion of Defendants 2012

Sustainability Report and includes true and accurate photographs of JM Bio-Based

JM Bio-based Binder Insulation is insulation including fiberglass. Exhibits 10-

JM Bio-based Binder Insulation is made of long, resilient glass fibers bonded

with our bio-based binder. Exhibit 10.

JM Bio-based Binder Insulation binder is made mostly with rapidly renewable

plant-based materials. Exhibit 10.

Number IST 13-002, entitled Bio-Based Binder Product Compliance to Industry

JM Bio-based Binder Insulation is an earthy brown color. Exhibit 7; Exhibits

JM Bio-based Binder Insulation binder comprises approximately 5% of the

weight of the finished product. Exhibit 9 at 1; Exhibit 8 at 1.

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 is made with a Maillard reaction.

Case 1:15-cv-00111-WTL-MJD Document 1 Filed 01/27/15 Page 6 of 12 PageID #: 6

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 includes melanoidins.

On information and belief, binder in each of the JM Bio-based Binder

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 is from a solution including dextrose.

On information and belief, binder in each of the JM Bio-based Binder

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 is from a solution including an

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 is from a solution including ammonium

On information and belief, binder in each of the JM Bio-based Binder

Insulation products described in Exhibits 10-19 has a pH of greater than 6 when

On information and belief, each of the JM Bio-based Binder Insulation