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MARSTON v. J. C. PENNEY COMPANY

Nos. 9691-9692.

353 F.2d 976 (1965)

Oliver F. MARSTON, Appellant, v. J. C. PENNEY COMPANY, Inc., Appellee. Oliver F. MARSTON, Appellee, v. J. C. PENNEY COMPANY, Inc., Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1965.

Attorney(s) appearing for the Case

J. Hanson Boyden and Alfred P. Ewert, Washington, D. C. (Herndon P. Jeffreys, Jr., Richmond, Va., on the brief) for appellant in No. 9691 and appellee in No. 9692.

W. Brown Morton, Jr., Washington, D. C. (Edward A. Marks, Jr., Richmond, Va., and John T. Roberts, Washington, D. C., on the brief) for appellee in No. 9691 and appellant in No. 9692.

Before HAYNSWORTH, Chief Judge, BOREMAN, Circuit Judge and CHRISTIE, District Judge.

BOREMAN, Circuit Judge.

This is a patent infringement suit in which Oliver F. Marston, owner of United States Letters Patent No. 2,715,231, claims that J. C. Penney Company, Inc. (herein called Penney), infringed Claims 1 and 2 of his patent by selling1 in its Virginia stores a chaise longue manufactured in West Germany which embodied his inventive concept. As relief Marston sought an injunction...

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