In a high-stakes patent lawsuit over diaper designs, a federal magistrate judge has ruled that paper products giant Kimberly-Clark is entitled to invoke the attorney work product doctrine to protect its testing data — as long as it promises that it won’t rely on the data to prove its infringement claims.

In so ruling, U.S. Magistrate Judge Martin C. Carlson of the Middle District of Pennsylvania rejected the arguments of First Quality Baby Products that the data must be disclosed because Kimberly-Clark has already relied on the testing data in its preliminary infringement contentions.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]