Kimberly-Clark Hit with Suit and Preliminary Injunction Motion Over Surgical Drapes
On February 5, 2013, Pedigo Products, Inc. ("Pedigo") and OR Specific ("OR-S"), both based in Vancouver, Washington, filed a complaint in the Northern District of Georgia against Kimberly-Clark Worldwide, Inc., based in Irving, Texas, and Kimberly-Clark Global Sales, LLC, based in Neenah, Wisconsin (collectively, "Kimberly-Clark"), alleging that Kimberly-Clark's manufacture and sale of surgical table covers infringes U.S. Patent No. 6,019,102 ("the '102 patent"). Pedigo and OR-S followed up several days later by filing a motion for a preliminary injunction, asking the court to enjoin Kimberly-Clark from making or selling the accused products pending a final resolution on the merits.
|Pedigo's "Space Station" surgical table.|
On February 7, 2013, Pedigo and OR-S moved for a preliminary injunction. In the motion and supporting brief, Pedigo and OR-S elaborate on their pre-suit dealings with Kimberly-Clark regarding the surgical drape product. Plaintiffs claim that Kimberly-Clark first approached them several years ago seeking to license the '102 patent, and later offered to manufacture the surgical drape product for Plaintiffs according to their specifications. Pedigo and OR-S rejected both offers. The motion and brief claim that Kimberly-Clark thereafter began selling the products accused of infringement. Pedigo and OR-S go on to argue that they are entitled to a preliminary injunction because (1) they are likely to succeed on the merits; (2) they will suffer irreparable harm by way of loss of market share and price erosion in the absence of a preliminary injunction; (3) the balance of hardships favors the plaintiffs; and (4) a preliminary injunction is in the public interest.
On February 12, 2013, counsel for Kimberly-Clark entered an appearance and filed a consent motion to extend the time to respond to the preliminary injunction motion until March 8, 2013.
The case is Pedigo Prods., Inc. et al. v. Kimberly-Clark Worldwide, Inc. et al., No. 1:13-cv-398-SCJ, United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Steve C. Jones.
 See, e.g., Revision Military, Inc. v. Balboa Manufacturing Co., 2011-1628 (Fed. Cir. Nov. 27, 2012). For a copy of the full opinion, click here.