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Kalman v. Kimberly-Clark Corp.

713 F.2d 760, 218 U.S.P.Q. 781 (1983)

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Kalman v. Kimberly-Clark Corp.

United States Court of Appeals for the Federal Circuit
713 F.2d 760, 218 U.S.P.Q. 781 (1983)

Facts

Peter Kalman (plaintiff) patented a process for filtering a heat-softened substance using a band or ribbon. Kimberly-Clark Corporation (defendant) owned and used filtering devices that functioned in a similar manner but did not include a band or ribbon. Kalman brought an infringement action against Kimberly-Clark in the United States District Court for the Southern District of New York. Kimberly-Clark argued that an earlier patented invention (the Moziek patent) was prior art that anticipated Kalman’s patent, rendering the Kalman patent invalid. The court found that the Moziek patent did not anticipate the Kalman patent because the Moziek patent did not teach the public how to carry out the process claimed by the Kalman patent. The court held that Kalman’s patent was valid and infringed. Kimberly-Clark appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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