Fameccanica, a manufacturer of hygienic disposable absorbent products converting machinery, wins appeal for its diaper patent.
On 13 November, the United States Court of Appeals for the Federal Circuit affirmed the Final Written Decision of the Patent Trial and Appeal Board (PTAB), confirming the validity of all claims of Fameccanica’s US 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, Curt G Joa Inc (Joa) alleged that other patents prior to Fameccanica’s US 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 confirmed the PTAB’s earlier finding that Joa’s allegations were meritless, as earlier anticipated by Fameccanica in its 27 April 2016 and 13 October 2017 press releases and upheld the validity of Fameccanica’s US Patent No. 6,994,761.
The affirmation of Fameccanica’s US patent comes after the company was ordered to revoke the patent by the UK Court of Appeal back in July. This decision only affected the UK designation of the patent and the UK market, however.
