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KIMBERLY-CLARK v. PROCTER & GAMBLE

Nos. 92-1011, 90-1024.

973 F.2d 911 (1992)

KIMBERLY-CLARK CORPORATION, Plaintiff-Appellant, v. The PROCTER & GAMBLE DISTRIBUTING CO., INC.; and the Procter & Gamble Company, Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

August 26, 1992.

Attorney(s) appearing for the Case

V. Bryan Medlock, Jr. of Richards, Medlock & Andrews, Dallas, Tex., argued for plaintiff-appellant. With him on the brief were H. Blair White, William H. Baumgartner, Jr., Constantine L. Trela, and Jeffrey D. Mills of Sidley & Austin, Chicago, Ill.

Jerome G. Lee of Morgan & Finnegan, New York City, argued for defendants/cross-appellants. Of counsel were John C. Vassil, John F. Sweeney, Richard C. Komson, and Seth J. Atlas, of Morgan & Finnegan. Also on the brief were Richard C. Witte and Frederick H. Braun of Proctor & Gamble.

Before LOURIE, CLEVENGER, and RADER, Circuit Judges.

LOURIE, Circuit Judge.

This is an appeal and cross-appeal from a judgment of the United States District Court for the Western District of Washington in a patent infringement case involving disposable baby diapers. Kimberly-Clark Corp. v. The Procter & Gamble Distrib. Co., No. C89-502WD (W.D.Wash. Sept. 10, 1991). The district court held that the Enloe patent assigned to Kimberly-Clark Corporation (K-C) was neither invalid nor infringed, that the Enloe patent...

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