Legal Opinion

Johnson & Johnson v. Carolina Lee Knitting Co.

District Court, M.D. North Carolina

Decided October 4, 1957No. Civ. No. 982-GPublishedCited by 2 opinions

1Opinion of the Court

HAYES, District Judge.

This is a suit to restrain defendants from infringing Patent 2,702,998 to James J. Purcell and for an accounting. Defendants plead invalidity and noninfringement.

*415Application for the Purcell patent was filed Oct. 28, 1954 and patent issued March 1, 1955, for a surgical stocking.

The inventor recognized the state of the art by stating that “All surgical stockings * * *■ were formed by using rubber yarn throughout the entire stocking or by interspersing courses made of rubber with courses of nonelastic yarn. * * * Such stockings * * * were either too confining or not…

2Cases cited7 opinions

  1. General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
  2. Demco v. Doughnut MacH. CorporationCourt of Appeals for the Fourth Circuit · 1932
  3. Kay Patents Corp. v. Martin Supply Co., Inc.Court of Appeals for the Fourth Circuit · 1953
  4. Montgomery Ward & Co. v. RogersCourt of Appeals for the Fourth Circuit · 1939
  5. Anthony v. ShermanCourt of Appeals for the Fourth Circuit · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Triumph Hosiery Mills, Inc. v. Alamance Industries, Inc.District Court, M.D. North Carolina · 1961
  2. Johnson & Johnson v. Carolina Lee Knitting Co.District Court, M.D. North Carolina · 1959

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