Naples readers who have ever had a baby in the house know that diapers can quickly add up in terms of expense. They are costly to begin with and naturally, they get used up.

Because most parents are not willing to go without disposable diapers, it should come as no surprise, then, that diapers are actually pretty big business. Companies that make diapers are not afraid to go to court to protect their intellectual property assets and keep competitors from using the designs they use as selling points.

Recently, a federal judge ruled that the question of whether the maker of store-brand diapers sold in Rite-Aid and Walgreens infringed on patents owned by Kimberly-Clark Worldwide, the maker of Huggies, should be answered by a jury.

Kimberly Clark sued First Quality, which makes the generic diapers, in March 2009. At issue was an elastic band across the crotch of Huggies diapers; Kimberly Clark said this patented design distinguished Huggies diapers from their competitors and that First Quality had no right to use the design.

First Quality retorted in April 2009 with a lawsuit alleging that Kimberly Clark unfairly monopolized the disposable diaper market and was using frivolous litigation to discourage and frighten its competitors. It also said the patent was invalid.

So far, the judge has said there is enough evidence that First Quality's claims of monopoly can go forward, but so can Kimberly Clark's claims of patent infringement.

The case is being tried in federal district court in Harrisburg, Pennsylvania.

It will be interesting to see how this case turns out. Diapers do not immediately come to mind when one thinks of business areas with cutthroat competition, but it seems there is more at stake here than meets the eye.

Source: Courthouse News Service, "Diaper Giants Head to Trial on Patent Claims," Reuben Kramer, Feb. 3, 2012