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.
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