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JONES KNITTING CORPORATION v. MORGAN

No. 15360.

361 F.2d 451 (1966)

JONES KNITTING CORPORATION, the Russell Manufacturing Company, Inc., Union Underwear Company, Washington Mills Company, West Knitting Corporation, Oneita Knitting Mills and P. H. Hanes Knitting Company, v. John E. MORGAN and John E. Morgan Patents, Inc., Appellants.

United States Court of Appeals Third Circuit.

Decided May 18, 1966.

Rehearing Denied July 7, 1966.

Attorney(s) appearing for the Case

Robert B. Frailey, Philadelphia, Pa. (Henry N. Paul, Jr., Stuart S. Bowie, Philadelphia, Pa., Paul & Paul, Philadelphia, Pa., of counsel, on the brief), for appellants.

Roberts B. Larson, Washington, D. C., and Ernest R. von Starck, Philadelphia, Pa. (William R. Hinds, Andrew E. Taylor, Larson & Taylor, Washington, D. C., Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellees.

Before KALODNER, Chief Judge, and MARIS and FORMAN, Circuit Judges.

KALODNER, Chief Judge.

Plaintiffs, a group of manufacturers of knitted goods, instituted this declaratory judgment action seeking a declaration of the invalidity of patent No. 2,839,909 issued for a knitted fabric, method and process of manufacture to the defendant John E. Morgan on June 24, 1958. Morgan, who had made the application on May 16, 1957, assigned his patent rights to the corporate defendant, John E. Morgan Patents, Inc.

The defendants denied invalidity...

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