US court upholds Fameccanica patent following infringement challenge

Details: Written by Haydn Davis; Published: 20 November 2018

CHIETI - The US Court of Appeals has affirmed the validity of a Fameccanica patent against an infringement challenge by Curt G. Joa, Inc.

The patent relates to a diaper including side panels constructed from stretchable trilaminate materials made breathable by the use of ultrasonic bonding and to a method of making that diaper.

The Court of Appeals for the Federal Circuit affirmed the Final Written Decision of the Patent Trial and Appeal Board (PTAB), affirming the validity of all of the claims of Fameccanica’s U.S. Patent No. 6,994,761, entitled 'Disposable Absorbent Garment such as a diaper or training pants and a process of making the same.'

Before the PTAB and the Federal Circuit, Joa alleged that other patents contained in Fameccanica’s U.S. Patent No. 6,994,761 disclosed the invention claimed in Fameccanica’s patent: “a breathable, stretchable layer assembly including an inner material layer, an outer material layer and a stretchable material layer disposed there between and including vent sites which are formed by ultrasonic bonding of the inner and outer material layers through the stretchable material layer”.

"The Court affirmed the PTAB’s earlier finding that Curt G. Joa’s allegations were meritless, as earlier anticipated by Fameccanica in its April 27, 2016 and October 13, 2017 press releases, and upheld the validity of Fameccanica’s U.S. Patent No. 6,994,761," Fameccanica said in a statement.

While this decision addressed only the U.S. Patent, Fameccanica owns corresponding patents throughout Europe and Canada.

Fameccanica, founded in 1975, is a major designer and manufacturer of hygienic disposable absorbent products converting machinery.

The company owns over 600 pending and granted patents protecting many of the solutions it provides in the hygienic disposable absorbent products converting industry. As it has done in the past, Fameccanica says it will continue to take a resolute stand against the infringement of any of its patents, and will continue to defend its patents against meritless allegations of invalidity.