McAirlaids, Inc. v. Kimberly-Clark Corp.
Addressing whether a pattern of dots embossed on an absorbent
pad was functional, the U.S. Court of Appeals for the Fourth
Circuit reversed a lower court's summary judgment in favor of
the accused infringer and remanded the case, finding sufficient
evidence to raise a genuine issue of material fact regarding the
functionality of the pad's pixel pattern. McAirlaids,
Inc. v. Kimberly-Clark Corp., Case No. 13-2044 (4th Cir., June
25, 2014) (Duncan J.).
McAirlaids produces "airlaids," a textile-like
material that is used in absorbent goods including absorbent
pads. The material is formed using a pressure-fusion process
by which cellulose fibers are shredded and arranged into loosely
formed sheets. The sheets are embossed at specific areas, the
dots, to form the pads without glue or binders. Instead, the
cellulose fibers are fused at the dots to hold the material
together. The size and spacing of the dots within the
