Legal Opinion
Marvel Specialty Co. v. Bell Hosiery Mills, Inc.
District Court, W.D. North Carolina
Decided November 5, 1964No. Civ. No. 1863PublishedCited by 2 opinions
1Opinion of the Court
CRAVEN, Chief Judge.
Infringement by defendants of plaintiff’s patent has been determined.. Marvel Specialty Co. v. Bell Hosiery-Mills, Inc., 216 F.Supp. 824 (W.D.N.C.1963); affirmed in part and reversed in part, 330 F.2d 164 (4th Cir. 1964).
Plaintiff is entitled to have “damages adequate to compensate for the infringement” (of its patent) “but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs * * * ” 35 U.S.C.A. § 284. The court may increase the damages up to three times the amount found or assessed. *219Also the court…
2Cases cited3 opinions
- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964
- Duplate Corp. v. Triplex Safety Glass Co.Supreme Court of the United States · 1936
- Marvel Specialty Co. v. Bell Hosiery Mills, Inc.District Court, W.D. North Carolina · 1963
3Cited by2 opinions
- Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1965
- Marvel Specialty Company, Inc. v. Bell Hosiery Mills, Inc., and Stanford Marley Distributing Co., Inc.Court of Appeals for the Fourth Circuit · 1967