Jury to decide on diaper patent infringement case involving First Quality and K-C's Huggies brand; First Quality brands have elastic 'across the crotch,' a main component of K-C's diaper patent
February 6, 2012
– A jury will soon decide if First Quality Enterprises Inc.'s diapers, sold by retailers that include Rite-Aid and Walgreens, infringe on patents held by Kimberly-Clark Corp.'s Huggies brand, said a federal judge, Courthouse News Service reported Feb. 3.
U.S. District Judge William Caldwell said the anatomical features of the accused diapers manufactured by First Quality, including Cuties-brand diapers, have elastic "across the crotch," which is a main component of K-C's diaper patents.
K-C sued First Quality in March 2009, claiming patent infringement.
But First Quality countersued, claiming K-C was attempting to monopolize the disposable diaper and training pants market.
Judge Caldwell in May ruled that First Quality had alleged a reasonable monopoly claim against K-C.
The primary souce of this article is Courthouse News Service, Pasadena, California, on Feb. 3, 2011.