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CAROLINA LEE KNITTING COMPANY v. JOHNSON & JOHNSON

No. 7963.

275 F.2d 91 (1960)

CAROLINA LEE KNITTING COMPANY, Inc., Appellant and Cross-Appellee, v. JOHNSON & JOHNSON, a corporation, James J. Purcell, Frank C. Beacham, and Lititz Knitting Company, a corporation, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided February 24, 1960.

Attorney(s) appearing for the Case

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

Thorley von Holst, Chicago, Ill., (George A. Long, Paul H. Ridge, Graham, N. C., Sidney Neuman, and Robert L. Austin, Chicago, Ill., on the brief) for appellees and cross-appellants.

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

SOBELOFF, Chief Judge.

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...

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