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HARRINGTON MFG. CO. v. TAYLOR TOBACCO ENTERPRISES

Nos. 81-1030, 81-1031.

664 F.2d 938 (1981)

HARRINGTON MANUFACTURING COMPANY, INC., Appellee, v. TAYLOR TOBACCO ENTERPRISES, INC., et al., Appellants. HARRINGTON MANUFACTURING COMPANY, INC., Appellant, v. TAYLOR TOBACCO ENTERPRISES, INC., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1981.

Attorney(s) appearing for the Case

G. Franklin Rothwell, Washington, D. C. (Cynthia E. O. Clarke, Sughrue, Rothwell, Mion, Zinn & Macpeak, Washington, D. C., Dale P. Johnson, Chambliss, Paderick, Warrick & Johnson, Clinton, N. C., on brief), for appellants in No. 81-1030 and for appellees in No. 81-1031.

Harvey B. Jacobson, Jr. (Michael R. Slobasky, Fleit & Jacobson, Washington, D. C., Lindsay C. Warren, Jr., Taylor, Warren, Kerr & Walker, Goldsboro, N. C., on brief), for appellee in No. 81-1030 and for appellant in No. 81-1031.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

In this patent case, Harrington Manufacturing Company sued Taylor Tobacco Enterprises for patent infringement on account of two machines, manufactured and sold by Taylor, which harvest flue-cured tobacco.

Harrington's suit as it comes to us rests upon claim 8 of U. S. Patent No. 3,507,103 (Pickett '103) and claims 1 through 8 of U. S. Patent No. 3,902,304 (Mitchell '304). The questions of validity of those patents and infringement thereof...

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