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WAYNE KNITTING MILLS v. RUSSELL HOSIERY MILLS, INC.

No. 12054.

400 F.2d 964 (1968)

WAYNE KNITTING MILLS and the May Corporation, Appellees, v. RUSSELL HOSIERY MILLS, INC., Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 10, 1968.

Certiorari Denied January 27, 1969.

Attorney(s) appearing for the Case

Thomas B. Van Poole, Washington, D. C. (Charles R. Fenwick, and Mason, Fenwick & Lawrence, Washington, D. C., Welch Jordan, and Jordan, Wright, Henson & Nichols, Greensboro, N. C., on brief), for appellant.

David H. Semmes, Washington, D. C., and Joseph W. Grier, Jr., Charlotte, N. C. (Charles B. Park, III, Charlotte, N. C., on brief), for appellees.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

Certiorari Denied January 27, 1969. See 89 S.Ct. 717.

WINTER, Circuit Judge:

Before us for determination are the questions of the validity of Claim 3 of Sarbo United States Patent No. 3,059,458, issued October 23, 1962, and whether certain of defendant's hosiery products infringe. The patent concerns knitted foot covers designed to be worn as a liner in shoes of various styles instead of stockings or conventional socks. The district court declared Claim 3...

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