Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

ARE Patent Law Alert:
The Supreme Court Denies Cert in favor of First Quality

January 23, 2012
Author(s): Kenneth P. George, Charles R. Macedo, Brian A. Comack , Michael V. Solomita

(January 23, 2011) On January 23, 2011, the U.S. Supreme Court agreed with First Quality Baby Products, LLC and First Quality Retail Services, LLC (“First Quality”) and denied a request for writ of certiorari by Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Global Sales, LLC (“K-C”). K-C in its petition was seeking review by the Supreme Court of the June 1, 2011 decision of the U.S. Court of Appeals for the Federal Circuit reversing a preliminary injunction entered against First Quality with respect to three K-C patents.

On September 29, 2011, the Federal Circuit rejected K-C's petition for rehearing and rehearing en banc.

Partners Kenneth P. George, Ira E. Silfin, Charles R. Macedo and Senior Counsel, Brian A. Comack, of Amster, Rothstein & Ebenstein LLP represent First Quality before the Supreme Court along with D. Michael Underhill and Eric Mauer of Boise Schiller & Flexner LLP. Michael V. Solomita, former Partner of Amster, Rothstein & Ebenstein, also represented First Quality in this case.

Click here to access the Brief in Opposition.


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