(Download) "Carolina Lee Knitting Co. v. Johnson & Johnson" by United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Carolina Lee Knitting Co. v. Johnson & Johnson
- Author : United States Court of Appeals
- Release Date : January 24, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is the second appeal in the case, involving validity and infringement of a patent for surgical stockings. At the first trial in the District Court, the Judge upheld the validity of Patent No. 2,702,998 held by plaintiff Purcell, for an elastic stocking, knitted of alternate courses of "Helanca" yarn and rubber, with the "Helanca" being fed to the knitting needles under no undue tension. However, the judgment was for the defendant on the ground of no infringement. The court accepted the testimony of the defendants expert that its stocking was knit under "heavy tension" and thus omitted an essential process step of the plaintiffs patent. While the plaintiffs appealed from the finding of no infringement, the defendant failed to cross-appeal from the finding of validity.Our opinion is reported in 258 F.2d 593, where the detailed facts are set out concerning the scope of the plaintiffs patent and the manufacturing processes involved in the production of the two stockings in controversy. These details need not be repeated.