Diaper Battle: Generic v. Name Brand
A judge spent time analyzing the differences between two different diapers in order to determine whether one infringed the patent(s) held by the other. ?The parties are litigating over whether First Quality, a bargain type manufacturer of diapers, infringed Kimberly-Clark (makers of Huggies)?s patents, with the use of elastic in the crotch area of the diapers. The issue centers on whether the diapers made by First Quality can be said to have elastic ?across the crotch,? eventhough a significant portion of the elastic is cut or severed.
Patent protection grants exclusive rights to the holder of the patent, meaning that it doesn?t matter whether the infringement was intentional or inadvertent, in either case the infringer is potentially liable.
According to the article, Kimberly-Clark first sued First Quality in May of 2009, claiming that their diapers infringed the company?s patent(s). First Quality then countersued, claiming that Kimberly-Clark was trying to invalidly enforce patents in order to monopolize the market, among other alleged strong arm tactics. (Here?s a great summary of that litigation). The judge in the case denied the motions to dismiss these counter-claims, thus allowing the monopoly claims outlined above, and discussed further in the second link, to move forward.
What remains for trial, in addition to these monopoly counter-claims then, is whether or not the diapers made by First Quality infringe Kimberly Clark?s patent(s). The judge held that,??A reasonable fact-finder might therefore conclude that the elastic does not extend ?across the crotch.?? Thus, unless the parties settle in the mean time, the case will most likely go to trial.
Patent Law?s Impact on Diaper Market
The outcome of this case will likely determine the future of diaper shelves across the country, and potentially the world. The whole point of filing patents, is so that in exchange for publishing their methods so that others can eventually benefit from the science, inventors have a financial incentive and limited exclusive protection over their intellectual property.
In this area, however, First Quality?s counter-complaint makes interesting and strong arguments about the importance of having more affordable diaper options. The facts alleged in the complaint seem to present a strong monopoly claim, at least strong enough to have survived the judge dismissing them, and it will be interesting to see what evidence is presented at trial.
banned books 30 rock anna faris amanda knox latest news brass monkey x factor auditions x factor auditions
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.