Wayne-Gossard Corporation v. Moretz Hosiery Mills, Inc.

In Wayne-Gossard Corporation v. Moretz Hosiery Mills, Inc., 539 F.2d 986 (4 Cir. 1976), we held that 35 U.S.C. § 252 applied to narrowed reissues and we remanded the case for further consideration as to whether Moretz could avail itself of the defense under § 252 and, if so, for application of the remedial provisions of § 252. The district court held that Moretz could invoke rights under § 252; and under that section it should compensate plaintiff for only its post-reissue infringement at a royalty of twenty-five cents per dozen pairs of infringing foot socks with simple interest at six…