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

HARRISBURG, Pennsylvania , 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.

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