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DEERING MILLIKEN RESEARCH CORP. v. BEAUNIT CORP.

No. 74-2233.

538 F.2d 1022 (1976)

DEERING MILLIKEN RESEARCH CORPORATION, Plaintiff-Appellee, v. BEAUNIT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1976.

Attorney(s) appearing for the Case

John A. Reilly, New York City (Edward J. Handler, III, Arthur D. Gray, Albert J. Breneisen, Gary L. Bush, Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, B. B. Olive, Durham, N. C., William S. Rose, New York City, Donald E. Gillespie, Research Triangle Park, N. C., J. Cookman Boyd, Jr., Baltimore, Md., Sauerwein, Boyd & Decker, Baltimore, Md., on brief), for defendant-appellant.

Davidson C. Miller, Arlington, Va. (Robert W. Parkhurst, Stevens, Davis, Miller & Mosher, Arlington, Va., A. Ward McKeithen, Fleming, Robinson & Bradshaw, Charlotte, N. C., on brief), for plaintiff-appellee.

Before CLARK, Supreme Court Justice, BUTZNER and FIELD, Circuit Judges.

Mr. Justice CLARK:

This infringement suit brought under 35 U.S.C. § 271 by Deering Milliken Research Corporation (Milliken) against Beaunit Corporation (Beaunit) involves a patent on a warp knitted elastic fabric assigned to Milliken by one of its employees, B. G. Lesley.

The District Court sitting without a jury found that the patent was infringed. It held that "the particular combination of stitches and the particular combination of elastic and inelastic...

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