발생일자  2014.11.21 

사건번호 1:14-cv-00578 

법원국가 UNITED STATES OF AMERICA 

관할법원명 D.C.E.D.Texas(지방법원) 

침해권리 특허 

원고명 Kimberly-Clark Worldwide, Inc./ Kimberly-Clark Global Sales, LLC ( 미국 / 외국기업 )  

피고명 First Quality Baby Products, LLC/ First Quality Retail Services, LLC/ First Quality Consumer Products, LLC ( 미국 / 외국기업 )  

소송유형 침해금지 

[Kimberly-Clark Worldwide, Inc. et al v. First Quality Baby Products, LLC et al] 사건번호 1:14-cv-00578에 따르면 원고 Kimberly-Clark Worldwide, Inc./ Kimberly-Clark Global Sales, LLC는 피고 First Quality Baby Products, LLC/ First Quality Retail Services, LLC/ First Quality Consumer Products, LLC을 상대로 특허 US8747379을 침해하였다는 이유로 미국 텍사스 동부 지방법원에 소를 제기하였다. 

분쟁결과 분쟁중 

산업분류 장치산업 > 의료장치기술 

계쟁제품 "Cuties" brand - training pant product (Counterclaim Filed) 

지재권번호/명칭

US8747379   Absorbent articles with refastenable side seams 

A disposable absorbent article includes an absorbent chassis and a fastening system that together define a refastenable pant. The refastenable pant includes a pair of elastomeric front side panels extending from the waist opening to each leg opening, a pair of elastomeric back side panels extending from the waist opening to each leg opening, and a pair of refastenable seams extending from the waist opening to each leg opening and positioned between the elastomeric front and back side panels. 

We claim: 

 1. A training pant for use in training a child to use the toilet, comprising: an absorbent chassis defining a longitudinal axis, a transverse axis, an overall length dimension parallel to the longitudinal axis, front and back waist edges parallel to the transverse axis, opposite side edges extending between the front and back waist edges, a front waist region contiguous with the front waist edge, a back waist region contiguous with the back waist edge, and a crotch region which extends between and interconnects the front and back waist regions, the absorbent chassis comprising: a composite structure having opposite linear side edges generally parallel to the longitudinal axis and opposite linear end edges generally parallel to the transverse axis, the composite structure comprising: (a) a liquid permeable bodyside liner; (b) a liquid impermeable outer cover bonded to the bodyside liner, the outer cover comprising a liquid impermeable inner layer and a nonwoven outer layer; (c) an outer cover graphic disposed on the outer cover; (d) an absorbent assembly comprising hydrophilic fibers disposed between the bodyside liner and the outer cover; and (e) leg elastic members longitudinally aligned along the side edges of the composite structure; first and second front side panels bonded to the composite structure in the front waist region, each front side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the composite structure to the distal edge and disposed toward the longitudinal center of the training pant, the front side panels having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis; first and second back side panels bonded to the composite structure in the back waist region and longitudinally spaced from the first and second front side panels, each back side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the composite structure to the distal edge and disposed toward the longitudinal center of the training pant, the back side panels having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis, an elastomeric material disposed between nonwoven facing layers in at least the interior portion of each back side panel to render each back side panel elastomeric in a direction generally parallel to the transverse axis; and a fastening system for releasably securing the absorbent chassis in a pant-like configuration having a waist opening and a pair of leg openings, the fastening system comprising first and second fastening components adapted to releasably engage first and second mating fastening components, the first and second fastening components being disposed on the respective first and second back side panels adjacent the distal edges, the first and second mating fastening components being disposed on the respective first and second front side panels adjacent the distal edges, the fastening components and the mating fastening components each comprising mechanical fasteners, and engagement of the fastening components and mating fastening components defines refastenable seams that cover about 80 to 100 percent of a distance between the waist opening and the leg openings. 

 2. The training pant of claim 1 wherein the composite structure is a rectangular composite structure. 

 3. The training pant of claim 1, wherein each of the first and second front side panels and the first and second back side panels has an inner surface and an opposite outer surface, and the first and second fastening components comprise loop type fasteners disposed on the outer surface of the first and second back side panels and the first and second mating fastening components comprise hook or mushroom type fasteners disposed on the inner surface of the first and second front side panels. 

 4. The training pant of claim 3 wherein the first and second fastening components are sized larger than the first and second mating fastening components. 

 5. The training pant of claim 4 wherein the loop type fasteners comprise integral portions of the back side panels. 

 6. The training pant of claim 3 wherein each mating fastening component is spaced inward from the distal edge, the waist end edge, and the leg end edge of the respective front side panel. 

 7. The training pant of claim 1 wherein the fastening components comprise integral portions of the back side panels, and wherein the mating fastening components are connected to the front side panels. 

 8. The training pant of claim 7 wherein the mating fastening components have a length-to-width ratio of about 5 or greater. 

 9. The training pant of claim 8 wherein each front side panel leg end edge is generally parallel to the transverse axis, and wherein each back side panel leg end edge is angled relative to the transverse axis. 

 10. The training pant of claim 1 wherein each front side panel waist end edge forms part of the front waist edge, and wherein each back side panel waist end edge forms part of the back waist edge. 

 11. The training pant of claim 1 further comprising a pair of containment flaps located along the entire length of the absorbent chassis along the opposite side edges of the absorbent chassis, each containment flap including at least one flap elastic member and each containment flap defining an at least partially unattached edge. 

 12. The training pant of claim 1 further comprising an elastomeric front waist elastic member and an elastomeric back waist elastic member. 

 13. The training pant of claim 1 wherein the outer cover graphic includes simulated elastic leg band components and simulated elastic waistband components, and wherein the outer cover graphic further includes registered wetness indicators. 

 14. The training pant of claim 1 further comprising a surge layer adapted to receive and temporarily store liquid along a mutually facing surface with the absorbent assembly. 

 15. The training pant of claim 1 wherein the leg elastic members have front terminal points located adjacent longitudinally innermost parts of the front side panels and back terminal points located adjacent longitudinally innermost parts of the back side panels. 

 16. The training pant of claim 1 wherein the training pant is prefastened to provide a pant-like product for the user. 

 17. The training pant of claim 1 further comprising elastomeric material disposed between nonwoven facing layers in at least the interior portion of each front side panel to render each front side panel elastomeric in a direction generally parallel to the transverse axis. 

 18. The training pant of claim 1 wherein the front side panels are non-stretchable. 

 19. The training pant of claim 1 wherein each of the first and second front side panels and the first and second back side panels has an inner surface and an opposite outer surface, and the first and second fastening components comprise hook or mushroom type fasteners connected to the outer surface of the first and second back side panels and the first and second mating fastening components comprise loop type fasteners disposed on the inner surface of the first and second front side panels. 

 20. The training pant of claim 19 wherein each fastening component is spaced inward from the distal edge, the waist end edge, and the leg end edge of the respective back side panel. 

 21. The training pant of claim 19 wherein the loop type fasteners are connected to the front side panels. 

 22. The training pant of claim 21 wherein the fastening components and the mating fastening components have a length-to-width ratio of about 5 or greater. 

 23. The training pant of claim 1 wherein the front side panels are longitudinally spaced from the back side panels by a distance equal to from about 35 to about 60 percent of the overall length dimension of the training pant. 

 24. The training pant of claim 1 further wherein the front side panels do not comprise elastic materials. 

 25. A training pant for use in training a child to use the toilet, comprising: an absorbent chassis defining an inner surface, an opposite outer surface, a longitudinal axis, a transverse axis, an overall length dimension parallel to the longitudinal axis, front and back waist edges generally parallel to the transverse axis, opposite side edges extending between the front and back waist edges, a front waist region contiguous with the front waist edge, a back waist region contiguous with the back waist edge, and a crotch region which extends between and interconnects the front and back waist regions, the absorbent chassis comprising: a rectangular composite structure having opposite linear side edges generally parallel to the longitudinal axis and opposite linear end edges generally parallel to the transverse axis, the composite structure comprising: (a) a liquid permeable bodyside liner; (b) a liquid impermeable outer cover bonded to the bodyside liner, the outer cover comprising a liquid impermeable inner layer and a nonwoven outer layer; (c) an outer cover graphic disposed on the outer cover, wherein the outer cover graphic includes simulated elastic leg band components and simulated elastic waistband components, and wherein the outer cover graphic further includes at least one registered wetness indicator; (d) an absorbent assembly comprising hydrophilic fibers and superabsorbent material disposed between the bodyside liner and the outer cover; (e) a surge layer adapted to receive and temporarily store liquid along a mutually facing surface with the absorbent assembly; (f) an elastomeric front waist elastic member and an elastomeric back waist elastic member; and (g) leg elastic members longitudinally aligned along the side edges of the composite structure; a pair of containment flaps located along the entire length of the absorbent chassis along the opposite side edges of the absorbent chassis, each containment flap including at least one flap elastic member and each containment flap defining an at least partially unattached edge; first and second front side panels bonded to the composite structure in the front waist region, each front side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the rectangular composite structure to the distal edge and disposed toward the longitudinal center of the training pant, each front side panel leg end edge being generally parallel to the transverse axis, each front side panel having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis; first and second back side panels bonded to the composite structure in the back waist region and longitudinally spaced from the first and second front side panels, each back side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the rectangular composite structure to the distal edge and disposed toward the longitudinal center of the training pant, each back side panel having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis, an elastomeric material disposed between nonwoven facing layers in at least the interior portion of each back side panel to render each back side panel elastomeric in a direction generally parallel to the transverse axis; and a fastening system for releasably securing the absorbent chassis in a pant-like configuration having a waist opening and a pair of leg openings, the fastening system comprising: first and second loop type fastening components disposed on an outer surface of and comprising integral portions of the first and second back side panels; and first and second hook or mushroom type mating fastening components disposed on an inner surface of and connected to the first and second front side panels adjacent the distal edges, each mating fastening component having a length-to-width ratio of about 5 or greater, wherein the fastening components are releasably engaged with the mating fastening components to define refastenable seams that cover about 80 to 100 percent of a distance between the waist opening and the leg openings, wherein the training pant is prefastened to provide a pant-like product for the user. 

 26. The training pant of claim 25, further comprising elastomeric material disposed between nonwoven facing layers in at least the interior portion of each front side panel to render each front side panel elastomeric in a direction generally parallel to the transverse axis. 

 27. The training pant of claim 25 wherein the front side panels are non-stretchable. 

 28. The training pant of claim 25 wherein the front side panels are longitudinally spaced from the back side panels by a distance equal to from about 35 to about 60 percent of the overall length dimension of the training pant. 

 29. The training pant of claim 25 further wherein the front side panels do not comprise elastic materials. 

 30. A training pant for use in training a child to use the toilet, comprising: an absorbent chassis defining an inner surface, an opposite outer surface, a longitudinal axis, a transverse axis, an overall length dimension parallel to the longitudinal axis, front and back waist edges generally parallel to the transverse axis, opposite side edges extending between the front and back waist edges, a front waist region contiguous with the front waist edge, a back waist region contiguous with the back waist edge, and a crotch region which extends between and interconnects the front and back waist regions, the absorbent chassis comprising: a rectangular composite structure having opposite linear side edges generally parallel to the longitudinal axis and opposite linear end edges generally parallel to the transverse axis, the composite structure comprising: (a) a liquid permeable bodyside liner; (b) a liquid impermeable outer cover bonded to the bodyside liner, the outer cover comprising a liquid impermeable inner layer and a nonwoven outer layer; (c) an outer cover graphic disposed on the outer cover, wherein the outer cover graphic includes simulated elastic leg band components and simulated elastic waistband components, and wherein the outer cover graphic further includes at least one registered wetness indicator; (d) an absorbent assembly comprising hydrophilic fibers and superabsorbent material disposed between the bodyside liner and the outer cover; (e) a surge layer adapted to receive and temporarily store liquid along a mutually facing surface with the absorbent assembly; (f) an elastomeric front waist elastic member and an elastomeric back waist elastic member; and (g) leg elastic members longitudinally aligned along the side edges of the composite structure; a pair of containment flaps located along the entire length of the absorbent chassis along the opposite side edges of the absorbent chassis, each containment flap including at least one flap elastic member and each containment flap defining an at least partially unattached edge; first and second front side panels bonded to the composite structure in the front waist region, each front side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the rectangular composite structure to the distal edge and disposed toward the longitudinal center of the training pant, each front side panel leg end edge being generally parallel to the transverse axis, each front side panel having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis; first and second back side panels bonded to the composite structure in the back waist region and longitudinally spaced from the first and second front side panels, each back side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the rectangular composite structure to the distal edge and disposed toward the longitudinal center of the training pant, each back side panel having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis, an elastomeric material disposed between nonwoven facing layers in at least the interior portion of each back side panel to render each back side panel elastomeric in a direction generally parallel to the transverse axis; and a fastening system for releasably securing the absorbent chassis in a pant-like configuration having a waist opening and a pair of leg openings, the fastening system comprising: first and second loop type fastening components connected to an inner surface of the first and second front side panels; and first and second hook or mushroom type mating fastening components connected to an outer surface of the first and second back side panels adjacent the distal edges, wherein the fastening components are releasably engaged with the mating fastening components to define refastenable seams that cover about 80 to 100 percent of a distance between the waist opening and the leg openings, wherein the training pant is prefastened to provide a pant-like product for the user. 

 31. The training pant of claim 30 wherein the front side panels are non-stretchable. 

 32. The training pant of claim 30, wherein each mating fastening component has a length-to-width ratio of about 5 or greater. 

 33. A training pant for use in training a child to use the toilet, comprising: an absorbent chassis defining a longitudinal axis, a transverse axis, an overall length dimension generally parallel to the longitudinal axis, front and back waist edges generally parallel to the transverse axis, opposite side edges extending between the front and back waist edges, a front waist region contiguous with the front waist edge, a back waist region contiguous with the back waist edge, and a crotch region which extends between and interconnects the front and back waist regions, the absorbent chassis comprising: a composite structure having opposite linear side edges generally parallel to the longitudinal axis and opposite linear end edges generally parallel to the transverse axis, the composite structure comprising: (a) a liquid permeable bodyside liner; (b) a liquid impermeable outer cover bonded to the bodyside liner, the outer cover comprising a liquid impermeable inner layer and a nonwoven outer layer; (c) an outer cover graphic disposed on the outer cover; (d) an absorbent assembly comprising hydrophilic fibers disposed between the bodyside liner and the outer cover; and (e) leg elastic members longitudinally aligned along the side edges of the composite structure; first and second front side panels bonded to the composite structure in the front waist region, each front side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the composite structure to the distal edge and disposed toward the longitudinal center of the training pant, the front side panels having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis, an elastomeric material disposed between nonwoven facing layers in at least the interior portion of each front side panel to render each front side panel elastomeric in a direction generally parallel to the transverse axis; first and second back side panels bonded to the composite structure in the back waist region and longitudinally spaced from the first and second front side panels, each back side panel having a distal edge, an interior portion between the distal edge and the composite structure, a waist end edge generally parallel to the transverse axis and disposed toward a longitudinal end of the training pant, and a leg end edge extending from the respective side edge of the composite structure to the distal edge and disposed toward the longitudinal center of the training pant, the back side panels having an average length dimension that is about 20 percent or greater of the overall length dimension of the absorbent chassis; and a fastening system for releasably securing the absorbent chassis in a pant-like configuration having a waist opening and a pair of leg openings, the fastening system comprising first and second fastening components adapted to releasably engage first and second mating fastening components, the first and second fastening components being disposed on the respective first and second back side panels adjacent the distal edges, the first and second mating fastening components being disposed on the respective first and second front side panels adjacent the distal edges, the fastening components and the mating fastening components each comprising mechanical fasteners, and engagement of the fastening components and mating fastening components defines refastenable seams that cover about 80 to 100 percent of a distance between the waist opening and the leg openings. 

 34. The training pant of claim 33 wherein the composite structure is a rectangular composite structure. 

 35. The training pant of claim 33 wherein each of the first and second front side panels and the first and second back side panels has an inner surface and an opposite outer surface, and the first and second fastening components comprise loop type fasteners disposed on the outer surface of the first and second back side panels and the first and second mating fastening components comprise hook or mushroom type fasteners disposed on the inner surface of the first and second front side panels. 

 36. The training pant of claim 35 wherein the first and second fastening components are sized larger than the first and second mating fastening components. 

 37. The training pant of claim 36 wherein the loop type fasteners comprise integral portions of the back side panels. 

 38. The training pant of claim 35 wherein each mating fastening component is spaced inward from the distal edge, the waist end edge, and the leg end edge of the respective front side panel. 

 39. The training pant of claim 33 wherein the fastening components comprise integral portions of the back side panels, and wherein the mating fastening components are connected to the front side panels. 

 40. The training pant of claim 39 wherein the mating fastening components have a length-to-width ratio of about 5 or greater. 

 41. The training pant of claim 40 wherein each front side panel leg end edge is generally parallel to the transverse axis, and wherein each back side panel leg end edge is angled relative to the transverse axis. 

 42. The training pant of claim 33 wherein each front side panel waist end edge forms part of the front waist edge, and wherein each back side panel waist end edge forms part of the back waist edge. 

 43. The training pant of claim 33 further comprising a pair of containment flaps located along the entire length of the absorbent chassis along the opposite side edges of the absorbent chassis, each containment flap including at least one flap elastic member and each containment flap defining an at least partially unattached edge. 

 44. The training pant of claim 33 further comprising an elastomeric front waist elastic member and an elastomeric back waist elastic member. 

 45. The training pant of claim 33 wherein the outer cover graphic includes simulated elastic leg band components and simulated elastic waistband components, and wherein the outer cover graphic further includes registered wetness indicators. 

 46. The training pant of claim 33 further comprising a surge layer adapted to receive and temporarily store liquid along a mutually facing surface with the absorbent assembly. 

 47. The training pant of claim 33 wherein the leg elastic members have front terminal points located adjacent longitudinally innermost parts of the front side panels and back terminal points located adjacent longitudinally innermost parts of the back side panels. 

 48. The training pant of claim 33 wherein the training pant is prefastened to provide a pant-like product for the user. 

 49. The training pant of claim 33 further comprising elastomeric material disposed between nonwoven facing layers in at least the interior portion of each back side panel to render each back side panel elastomeric in a direction generally parallel to the transverse axis. 

 50. The training pant of claim 33 wherein the back side panels are non-stretchable. 

 51. The training pant of claim 33 wherein each of the first and second front side panels and the first and second back side panels has an inner surface and an opposite outer surface, and the first and second fastening components comprise hook or mushroom type fasteners connected to the outer surface of the first and second back side panels and the first and second mating fastening components comprise loop type fasteners disposed on the inner surface of the first and second front side panels. 

 52. The training pant of claim 51 wherein the loop type fasteners are connected to the inner surface. 

 53. The training pant of claim 33 wherein the front side panels are longitudinally spaced from the back side panels by a distance equal to from about 35 to about 60 percent of the overall length dimension of the training pant. 

 54. The training pant of claim 33 further wherein the back side panels do not comprise elastic materials.