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CARTER PRODUCTS, INC. v. COLGATE-PALMOLIVE COMPANY

No. 7847.

269 F.2d 299 (1959)

CARTER PRODUCTS, INC., Joseph G. Spitzer, and Marvin Small, Appellants, v. COLGATE-PALMOLIVE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

George B. Finnegan, Jr., New York City (Piper & Marbury, John W. Avirett, II, Baltimore, Md., William L. Hanaway, Stoddard B. Colby, Jerome G. Lee, Morris Kirschstein and William D. Denson, New York City, on the brief), for appellants.

Mathias F. Correa, New York City (H. Vernon Eney, Baltimore, Md., Richard Russell Wolfe, Chicago, Ill., Thomas C. Mason, New York City, C. Frederick Leydig, Jr., Chicago, Ill., and David R. Hyde, New York City, on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

In an earlier litigation the validity of the patent with which we are here concerned was upheld by this Court. The primary question to be answered on this appeal is whether the plaintiffs, owners and licensee of the patent, are precluded because of the file wrapper history from having the defendant enjoined from making, using or selling a product which has been found equivalent to that disclosed in the patent. The District Judge resolved the...

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