Kimberly-Clark Worldwide Inc v. First Quality Products Inc et al
Plaintiff: Kimberly-Clark Worldwide Inc
Defendant: First Quality Products Inc, First Quality Baby Products, LLC and First Quality Retail Services, LLC
Counterclaim Plaintiff: First Quality Retail Services, LLC and First Quality Products Inc
Counterclaim Defendant: Kimberly-Clark Worldwide Inc
Case Number: 1:2009cv01685
Filed: August 31, 2009
Court: US District Court for the Middle District of Pennsylvania
Office: Harrisburg Office
County: Outside State
Presiding Judge: William W. Caldwell
Nature of Suit: Plaintiff
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 9, 2013 Opinion or Order Filing 1047 MEMORANDUM and ORDER: Upon consideration of KCs motion in limine 891 , and pursuant to the accompanying memorandum, it is ORDERED that said motion is DENIED. Signed by Honorable William W. Caldwell on 12/9/13. (ma)
December 2, 2013 Opinion or Order Filing 1044 MEMORANDUM (Order to follow as separate docket entry) re. FQ's MOTIONs in Limine 902 and 906 . Signed by Honorable William W. Caldwell on 12/02/13. (ma)
November 13, 2013 Opinion or Order Filing 1026 MEMORANDUM (Order to follow as separate docket entry) re. KC's MOTION in Limine #2 - to Exclude Portions of the Testimony and Opinions of Dr. Sumanth Addanki Pursuant to Federal Rules of Evidence 702, 403, and 402 848 Signed by Honorable William W. Caldwell on 11/13/13. (ma)
October 7, 2013 Opinion or Order Filing 863 ORDER (memorandum filed previously as separate docket entry): upon consideration of Pltfs motion for reconsideration 834 , and pursuant to the accompanying memorandum filed this date 862 it is ORDERED that said motion is DENIED.Signed by Honorable William W. Caldwell on 10/07/13. (ma)
September 9, 2013 Opinion or Order Filing 841 MEMORANDUM AND ORDER - AND NOW, this 9th day of Sept., 2013, upon consideration of defts.' mtn. for partial reconsideration 823 , & pursuant to the accompanying memorandum, it is ORDERED that said mtn. is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 9/9/13. (am)
August 12, 2013 Opinion or Order Filing 833 MEMORANDUM AND ORDER - AND NOW, this 12th day of August, 2013, upon consideration of plaintiff's motion for partial summary judgment of no invalidity relating to the Rajala Patents 810 , it is ORDERED that said motion is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 8/12/2013. (am)
July 25, 2013 Opinion or Order Filing 828 MEMORANDUM AND ORDER - AND NOW, this 25th day of July, 2013, upon consideration of Plaintiffs motion for partial summary judgment of no invalidity of the Kellenberger and Melius Patents 676 , and upon further consideration of Plaintiffs motion in li mine and motion to strike 748 , and pursuant to the accompanying memorandum, it is ORDERED as follows: 1. The motion for partial summary judgment 676 is DENIED. 2. The motion in limine and motion to strike 748 is GRANTED in part and DENIED in pa rt as follows:a. The motion is GRANTED with respect to Exhibits 4 and 5 to 735 , James Hansons declaration. b. The motion is GRANTED with respect to the declarationand anticipated trial testimony of John Pollaro. c. The motion to strike is GRANTED w ith respect to the declaration of Thomas Gove, but the motion in limine is DENIED with respect to Thomas Goves anticipated trial testimony.d. The motion in limine is DENIED without prejudice with respect to the anticipated trial testimony of Byrn Hird. e. The motion is DENIED in all other respects. (See memo for complete details.) Signed by Honorable William W. Caldwell on 7/25/13. (am)
July 8, 2013 Opinion or Order Filing 815 MEMORANDUM AND ORDER - AND NOW, this 8th day of July, 2013, upon consideration of defts.' mtn. for partial SJ that the Kellenberger & Melius Patents are invalid for obviousness 682 , it is ORDERED that said mtn. is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 7/8/13. (am)
May 28, 2013 Opinion or Order Filing 808 MEMORANDUM AND ORDER - AND NOW, this 28th day of May, 2013, upon consideration of defts.' motion 756 for partial SJ of non-infringement of all asserted claims of the Rajala Patents, & upon further consideration of plf.'s mtn. 634 for pa rtial SJ that the Suzuki reference is not prior art invalidating the Rajala Patents, & pur. to the accompanying memorandum, it is ORDERED that both mtns. are DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 5/28/13. (am)
April 30, 2013 Opinion or Order Filing 803 MEMORANDUM AND ORDER - AND NOW, this 30th day of April, 2013, upon consideration of Defendants motion for partial summary judgment 671 , and pursuant to the accompanying memorandum, it is ORDERED that said motion is GRANTED in part and DENIED in par t as follows: 1. The motion is GRANTED in the following respects: a. Summary judgment that KC failed to comply with thepatent marking statute is GRANTED with respect to the Kellenberger Patent. KCs noncompliance with the patent marking statute preven ts it from recoveringdamages for infringement of the Kellenberger Patent that allegedly occurred between March 12, 2003 and March 11, 2009. However, KC may seek damages forinfringement alleged to occur between March 12, 2009 and September 15, 2009. b . Summary judgment that KC failed to comply with the patent marking statute is GRANTED with respect to the Melius Patent. KCs noncompliance with the patent marking statute prevents it from recovering damages for infringement of the Melius Patent that allegedly occurred between May 5, 2005 and March 11, 2009. However, KC may seek damages for infringement alleged to occur between March 12, 2003 and May 4, 2005, and from March 12, 2009 through the present.2. The motion is DENIED in all other respects. (See memo for complete details.) Signed by Honorable William W. Caldwell on 4/30/13. (am)
March 19, 2013 Opinion or Order Filing 784 MEMORANDUM AND ORDER - AND NOW, this 19th day of March, 2013, upon consideration of defts.' mtn. for partial SJ 635 , & pur. to the accompanying memorandum, it is ORDERED that said mtn. is GRANTED in part and DENIED in part as follows: 1. The mtn. is GRANTED w/respect to claim 34. We hereby grant SJ that claim 34 is invalid for impermissible broadening in violation of 35 USC 305. 2. The mtn. is DENIED in all other respects. (See memo for complete details.) Signed by Honorable William W. Caldwell on 3/19/13. (am)
January 31, 2013 Opinion or Order Filing 760 MEMORANDUM AND ORDER - AND NOW, this 31st day of Jan., 2013, upon consideration of defts.' mtn. for reconsideration 685 , & pur. to the accompanying memorandum, it is ORDERED that said mtn. is DENIED. 621 (See memo for complete details.) Signed by Honorable William W. Caldwell on 1/31/13. (am)
November 19, 2012 Opinion or Order Filing 661 MEMORANDUM AND ORDER - AND NOW, this 19th day of November, 2012, for the reasons set forth in the accompanying memorandum, it is ORDERED that: 1. KCs motion to strike 621 is GRANTED. Mr. Gardners August 30, 2012 report, and the opinions set forth t herein, are stricken, and FQ is precluded from relying on that report and opinions to supply evidence on a motion, at a hearing, or at trial in this case. 2. FQs cross-motion to strike 624 is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 11/19/12. (am)
June 11, 2012 Opinion or Order Filing 607 MEMORANDUM AND ORDER - AND NOW, this 11th day of June, 2012, upon consideration of defts.' mtn. for leave to amend its counterclaims 566 , & pur. to the accompanying memorandum, it is ORDERED that said motion is GRANTED in part and DENIED in pa rt as follows: 1. The mtn. is GRANTED w/respect to FQ's proposed counterclaims seeking a declaratory judgment of non-infringement & invalidity of new claims, & asserting intervening rights. 2. The mtn. is DENIED w/respect to FQ's proposed c ounterclaim of inequitable conduct. 3. FQ is directed to remove the counterclaim of inequitable conduct from its proposed suppl. counterclaims, & file the remaining suppl. counterclaims as a new document on the record. (See memo for complete details.) Signed by Honorable William W. Caldwell on 6/11/12. (am, )
February 17, 2012 Opinion or Order Filing 575 MEMORANDUM AND ORDER - AND NOW, this 17th day of Feb., 2012, upon consideration of plf.'s mtn. for SJ 466 , & pur. to the accompanying memorandum, it is ORDERED as follows: 1. Plf.'s mtn. for SJ 466 is GRANTED. 2. The Clerk of Court shall defer entry of judgment until the conclusion of this case. (See memo for complete details.) Signed by Honorable William W. Caldwell on 2/17/12. (am, )
January 31, 2012 Opinion or Order Filing 569 MEMORANDUM AND ORDER - AND NOW, this 31st day of Jan., 2012, upon consideration of defts.' mtn. for partial SJ 414 & plf.'s cross-mtn. for partial SJ 450 , & pursuant to the accompanying memorandum, it is ORDERED as follows: 1. Defts.' mtn. for partial SJ 414 is DENIED. 2. Plf.'s cross-motion for partial SJ 450 is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 1/31/12. (am, )
December 29, 2011 Opinion or Order Filing 561 MEMORANDUM AND ORDER - Upon consideration of Defendants motion for reconsideration 440 ), and pursuant to the accompanying memorandum, IT IS ORDERED that Defendants motion for reconsideration 440 is DENIED. Signed by Honorable William W. Caldwell on 12/29/11. (rc)
October 6, 2011 Opinion or Order Filing 506 MEMORANDUM OPINION AND ORDER - For the foregoing reasons, IT IS HEREBY ORDERED THAT K-Cs motion to compel (Doc. 457 ) is GRANTED. First Quality is directed to furnish K-C with answers to Interrogatory Nos. 15 and 16 with respect to the specified information for the subset of 100 products identified from Exhibit A to the motion (Doc. 459, at 3 and Ex. A). Signed by Magistrate Judge Martin C. Carlson on October 6, 2011. (kjn)
July 25, 2011 Opinion or Order Filing 447 MEMORANDUM OPINION AND ORDER - For the foregoing reasons, the plaintiffss motion to compel (Doc. 386 ) will be granted, in part, and the defendants will be directed to comply with Interrogatory No.17 with respect to those product lines that K-C has specifically identified as infringing in this lawsuit. In all other respects the motion to compel will be denied. Signed by Magistrate Judge Martin C. Carlson on July 25, 2011. (kjn )
July 5, 2011 Opinion or Order Filing 438 MEMORANDUM AND ORDER - AND NOW, this 5th day of July, 2011, after review of plf.'s mtn. for reconsideration, & pur. to the accompanying memorandum, it is ordered: 1. Plf.'s mtn. for reconsideration 388 is granted. 2. Our memo & order of 3 /1/11 382 are vacated. 3. Defts.' SJ mtn. 294 is denied. 4. For the Kellenberger Patent, "at least about" means "equal to or greater than approximately." 5. For the Melius Patent, "less than about" means "less than approximately, "and at least about" means "equal to or greater than approximately." (See order for complete details.) Signed by Honorable William W. Caldwell on 7/5/11. (am, )
May 17, 2011 Opinion or Order Filing 421 MEMORANDUM AND ORDER - AND NOW, this 17th day of May, 2011, upon con. of plf.'s mtn. to dismiss, & pursuant to the accompanying Memorandum, it is ordered that plf.'s mtn. to dismiss 270 is denied. 248 (See memo for complete details.) Signed by Honorable William W. Caldwell on 5/17/11. (am, )
April 29, 2011 Opinion or Order Filing 411 MEMORANDUM AND ORDER - AND NOW, this 29th day of April, 2011, upon con. of plf.'s mtn. to sever and transfer, or in the alternative sever and stay, and pur. to the accompanying memorandum, it is ordered that: 1. Plf.'s mtn. 272 is granted in part, and denied in part. 2. Plf.'s mtn. to bifurcate is granted. The patent claims and counterclaims I-VII will be bifucated for purposes of a jury trial pur. to FRCP 42(b). 3. Disc. on defts.' counterlcaims is stayed pending resolution of plf.'s mtn. to dismiss. 4. Plf.'s mtn. to transfer is denied. (See memo for complete details.)Signed by Honorable William W. Caldwell on 4/29/11. (am)
March 1, 2011 Opinion or Order Filing 382 MEMORANDUM AND ORDER - AND NOW, this 1st day of March, 2011, upon con. of defts.' mtn. for SJ 294 , & pur. to the accompanying Memorandum, it is ordered that: 1. Defts.' mtn. for SJ is granted. 2. Claim terms 16, 18, 19, 22-24, 64, 65, 69, 71, 73, 74, 78, 79, 83, 84, and 88 of the Melius Patent are invalid as a matter of law. 3. Claim terms 1, 8, 9, 20, & 41 of the Kellenberger Patent are invalid as a matter of law. (See memo for complete details.) Signed by Honorable William W. Caldwell on 3/1/11. (am)
February 24, 2011 Opinion or Order Filing 377 MEMORANDUM AND ORDER - AND NOW, this 24th day of Feb., 2011, upon con. of defts.' mtn. for reconsideration 351 , it is ordered that: 1. Defts.' mtn. is granted. 2. Our order of 12/21/10 348 is vacated. 3. Plf.'s mtn. to strike is denied. 248 4. This case is removed from the August 2011 trial list. A new trial date will be sched. when appropriate. (See memo for complete details.) 272 270 Signed by Honorable William W. Caldwell on 2/24/11. (am)
December 21, 2010 Opinion or Order Filing 348 MEMORANDUM AND ORDER - AND NOW, this 21st day of Dec., 2010, upon con. of plf.'s mtns. & pur. to the accompanying Memorandum, it is ordered that: 1. Plf.'s mtn. to strike 270 is granted in part, & denied in part. 2. First Quality's c ounterclaims I & III-VII are stricken. 3. Plf.'s mtn. to dismiss 270 is denied in part & the remainder dism'd as moot. 4. Plf.'s mtn. to sever & transfer, or in the alternative sever & stay 272 is dism'd as moot. 5. All fact disc. shall be completed by 2/21/11. 6. Dispositive mtns. shall be filed by 5/31/11. (See memo for complete details.) 248 Signed by Honorable William W. Caldwell on 12/21/10. (am)
November 3, 2010 Opinion or Order Filing 324 MEMORANDUM AND ORDER - AND NOW, this 3rd day of November, 2010, upon consideration of First Qualitys motion to compel (doc. 263 ), and pursuant to the accompanying Memorandum, it is ordered that: 1. The motion to compel is denied. 2. Plaintiff is afforded fourteen (14) days from the date of this order to determine whether it will rely on the testing data in support of its claims and report its decision to the court. 3. If plaintiff chooses to rely on the data, it will have ten (10)days the reafter to disclose its test results to defendants. 4. Failure to comply with this order will result in mandatory disclosure, and any later attempt to rely on said testing data will not be allowed. Signed by Magistrate Judge Martin C. Carlson on November 3, 2010. (kjn)
September 30, 2010 Opinion or Order Filing 301 MEMORANDUM AND ORDER - AND NOW, this 30th day of Sept., 2010, upon con. of the parties claim construction contentions, & pur. to the accompanying Memorandum, it is ordered that: 1. For the Ungpiyakul Patent, "backsheet layer" means "a layer of substantially liquid impermeable material." 2. For the Ungpiyakul Patent, "a relatively small patch of web material" means "a piece of material that is at least somewhat smaller than the backsheet layer." 3. For the Christoffel Patent, "a demarcation line" means "a transverse fold line positioned off the absorbent core." 4. For the Christoffel Patent, "an absorbent core" means "a portion of the absorbent article containing a li quid permeable cover, a liquid permeable baffle, and an absorbent layer therebetween." 5. For the Rajala Patents, "garment blank subassembly" means "a precursor of the garment." 6. For the Rajala Patents, "first layer&qu ot; and "second layer" meant "first operative layer" and "second layer", respectively. 7. For the Rajala Patents, "a...section of...elastic across the crotch" and "extensible across the crotch" mean "a...section of...elastic across the crotch" and "extensible across the crotch," respectively. 8. For Rajala Patent No. 5,940,887, "intersect" means "cross over or overlapping." 9. For the Kellengber Patent, &qu ot;can" and "has" mean "capable of" and "possesses." respectively. 10. For the Melius Patent, "has" means "possesses." 11. For the Melius Patent, "Vortex Time" means "the amount of time in seconds required for 2 grams of a superabsorbent material to close a vortex created by stirring 50 milliliters of saline solution at 600 revolutions per minute on a magnetic stir plate." (See memo for complete details.) Signed by Honorable William W. Caldwell on 9/30/10. (am)
July 29, 2010 Opinion or Order Filing 251 MEMORANDUM AND ORDER - AND NOW, this 29th day of July, 2010, upon con. of the defts. mtn. for SJ 132 , & pur. to the accompanying Memorandum, it is ordered that: 1. Defts.' mtn. for SJ is denied. 2. Plf.'s mtn. for stay 229 is dism' d as moot. 3. "Said second connecting edge being non-parallel to said first connecting edge" means "the second connecting edge is non-parallel to the first connecting edge." 4. "A first connecting edge, and a second connectin g edge, said first and second connecting edges connecting said proximal edge and distal edge" means "a first connecting edge, and a second connecting edge, said first and second connecting edges connecting said proximal edge and distal edge s." 5. "Wherein, when in use, said second connecting edge defines at least a portion of a leg opening" means "wherein, when in use, the second connecting edge defines at least a portion of a leg opening." 6. "Wherein sai d elastomeric ear further comprises a non-elastomeric extension member attached to said distal edge" meant "wherein the elastomeric ear further comprises a non-elastomeric extension member attached to a distal edge along a seam." (See memo for complete details.) Signed by Honorable William W. Caldwell on 7/29/10. (am)
August 26, 2009 Opinion or Order Filing 72 Memorandum Opinion and Order granting 16 Motion to Transfer: This case is transferred to the Middle District of Pennsylvania. (See Order.) (Ordered by Chief Judge Sidney A Fitzwater on 8/26/2009) (twd) [Transferred from Texas Northern on 8/31/2009.]
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Search for this case: Kimberly-Clark Worldwide Inc v. First Quality Products Inc et al
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Plaintiff: Kimberly-Clark Worldwide Inc
Represented By: Chad Terrell
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Defendant: First Quality Products Inc
Represented By: Nathan D. Weber
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Defendant: First Quality Baby Products, LLC
Represented By: Nathan D. Weber
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Defendant: First Quality Retail Services, LLC
Represented By: Nathan D. Weber
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Counterclaim plaintiff: First Quality Retail Services, LLC
Represented By: Nathan D. Weber
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Counterclaim plaintiff: First Quality Products Inc
Represented By: Nathan D. Weber
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Counterclaim defendant: Kimberly-Clark Worldwide Inc
Represented By: Kevin James Meek
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