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Against Monopoly

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Monopoly corrupts. Absolute monopoly corrupts absolutely.





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An Unlawful Monopoly Claim Over Disposable Baby Diapers

Kimberly-Clark executives might need to start using their own products, based on their potential reactions to this news as reported by CourtHouseNews.com -

"Huggies" manufacturer Kimberly-Clark Worldwide must answer an allegation that it knowingly used invalid patents to monopolize the market for disposable baby diapers.

In March 2009, the company sued First Quality Baby Products, a "private label" diaper-seller producing Wal-Mart- and Walgreen's-branded diapers, claiming First Quality's products infringed on Kimberly-Clark's patents.

In April 2009, First Quality fired back with counterclaims, accusing Kimberly-Clark of trying to enforce invalid patents.

"First Quality alleges that KC [Kimberly-Clark Worldwide] uses its patents to disrupt competitors and to maintain a monopoly in the disposable baby diaper and training pants market. KC first threatens a patent lawsuit and then engages in sham litigation to drain the resources of private label manufacturers, thereby reducing the ability of private labelers to compete," U.S. District Judge William Caldwell wrote in a 12-page opinion denying Kimberly-Clark's motion to dismiss the counterclaims.

Read the full story here: http://www.courthousenews.com/2011/05/19/36704.htm


Then read the full [PDF] court ruling here:

http://www.courthousenews.com/2011/05/19/diaperopinion.pdf

In reference to page 2 of the court's opinion: Did you know that 300 patents were apparently needed to manufacture disposable diapers? Neither did I...


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