Donald E. Knebel

Affirmed trial court's finding of non-infringement of defendant's patent.

Barnes & Thornburg attorneys represent defendant Knauf Insulation GmbH, a leading manufacturer of fiberglass insulation, in three related antitrust actions concerning allegations of price fixing and price differentials to a major customer. The direct purchaser plaintiffs, on behalf of a class of contractors who purchased residential fiberglass insulation, alleged that the five largest producers of fiberglass insulation engaged in price-fixing by agreeing with a large, common customer (Masco) to maintain a "price spread" between insulation sold to the customer and that sold to other contractors. Plaintiffs alleged damages in the action exceeding $750 million. After three manufacturers had already entered settlements in the direct purchaser case, Knauf negotiated a cost-of-litigation settlement that was less than half the settlement of any other defendant, and only 10% of one of the manufacturer's settlements. Masco settled on the eve of the trial in the summer of 2012.

Two groups of indirect purchasers also filed suit. Barnes & Thornburg negotiated dismissal with prejudice on behalf of all defendants in one case in exchange for an agreement not to seek sanctions (Lummis). Motions to dismiss the second case are still pending in the Northern District of Georgia (Von Der Werth).

Columbus Drywall & Insulation, Inc. et al v.