Decision Dates: September 25, 2013 and July 10, 2014 -

Court: W.D. Washington and Federal Circuit -

Patent: D401,328 -

Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint DISMISSED; Grant of Motion for Judgment on the Pleadings AFFIRMED -

Opinion:

Plaintiff Muffin Anderson sued Defendant Kimberly-Clark Corporation for infringement of U.S. Design Patent No. D401,328 (“the ’328 patent”), entitled “Absorbent Disposable Undergarment.” Kimberly-Clark sells consumer products for personal care, including facial tissue, feminine hygiene products, and diapers. Anderson, proceeding pro se, alleged in her initial complaint that several of Kimberly-Clark’s products infringed the ’328 patent. After Kimberly-Clark reviewed the list of products, Kimberly-Clark informed Anderson that it did not produce or sell several of the accused infringing products. Of the accused products, Kimberly-Clark made five: four varieties of “Depend” brand adult disposable undergarments (Depend for Women Underwear, Depend Silhouette Briefs for Women, Depend Real Fit Briefs for Men, and Depend for Men Underwear) and one “GoodNites“ brand boxer-shorts-style disposable undergarment for children that is no longer available. Kimberly-Clark moved for judgment on the pleadings...