J.P. STEVENS & CO., INC. v. LEX TEX LTD., INC.

Appeal Nos. 84-754 to 84-761.

747 F.2d 1553 (1984)

J.P. STEVENS & CO., INC., Badische Corporation, and Burlington Industries, Inc., Appellants/Cross-Appellees, v. LEX TEX LTD., INC., Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 9, 1984.


Attorney(s) appearing for the Case

D. Dennis Allegretti, Chicago, Ill., argued for appellant/cross-appellee Burlington; Robert C. Ryan and Mark T. Banner, Chicago, Ill., William K. West, Jr. and James T. Hosmer, Washington, D.C., Richard D. Elliott, Greensboro, N.C., of counsel.

David Rabin, Greensboro, N.C., and Stuart I. Friedman, New York City, for appellant Badische Corp.

Francis T. Carr, New York City, argued for appellant/cross-appellee J.P. Stevens. With him on the brief were Robert D. Fier and James Galbraith, New York City.

Michael T. Frimer, New York City, of counsel.

Stuart I. Friedman, New York City, argued for appellant/cross-appellee Badische.

James L. Armstrong, III and James W. Crabtree, Charlotte, N.C., argued for appellee/cross-appellant.

Robert C. Miller, Arlington, Va., was on the brief for appellee/cross-appellant.

Before MARKEY, Chief Judge, and DAVIS, MILLER, SMITH, and NIES, Circuit Judges.


MARKEY, Chief Judge.

Appeal from a final judgment of the District Court for the Southern District of Florida holding infringed, not invalid, and not unenforceable product claims 24, 26-27, and 31 of U.S. Patent No. 3,091,912 ('912 patent), issued on June 4, 1963 to Messrs. Stoddard and Seem, ultimately assigned to Lex Tex Ltd., Inc. (Lex Tex), and now expired. Burlington, Stevens, and Badische (Burlington) appeal those parts of the judgment holding that the claims...

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