Kimberly-Clark Worldwide, Inc. v First Quality Baby Products

Issue: Whether preliminary injunctions in patent infringement lawsuits should be governed by the same equitable principles that govern all other cases, instead of the Federal Circuit’s patent-specific standard, under which a preliminary injunction may not be entered where an accused infringer has raised a “substantial question” as to the validity of an assert-ed patent claim and the patentee has not shown that the accused infringer’s defense “lacks substantial merit,” regardless of the patentee’s likelihood of success on the merits and the court’s assessment of the other equitable factors.

Briefs and Documents

Certiorari-stage documents

• Opinion below (Fed. Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Pharmaceutical Research and Manufacturers of America et al.
• Amicus brief of Intellectual Property Law Association of Chicago
• Petitioner's reply