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JOHNSON & JOHNSON v. CAROLINA LEE KNITTING CO.

No. 7581.

258 F.2d 593 (1958)

JOHNSON & JOHNSON, a corporation, James J. Purcell, Frank C. Beacham, and Lititz Knitting Company, a corporation, Appellants, v. CAROLINA LEE KNITTING CO., Inc., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 22, 1958.

Attorney(s) appearing for the Case

Thorley Von Holst, Chicago, Ill. (George A. Long, Paul H. Ridge, Graham, N. C., and Sidney Neuman, Chicago, Ill., on the brief), for appellants.

Henry N. Paul, Jr., Philadelphia, Pa. (Robert B. Frailey, Armistead W. Sapp, Paul & Paul, Philadelphia, Pa., and Sapp & Sapp, Greensboro, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

SOBELOFF, Chief Judge.

This appeal involves a patent in the surgical stocking art and raises the twin issues, the scope of the patentee's invention and whether the defendant has infringed. The District Court held the patent valid but not infringed, and the plaintiffs have appealed.

The plaintiffs are James J. Purcell, patentee; Frank C. Beacham, co-owner of the patent; Lititz Knitting Company, a Pennsylvania corporation which holds the exclusive license to...

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