Marvel Specialty Co. v. Magnet Mills, Inc.

OPINION

THOMAS F. MURPHY, District Judge.

In this action plaintiff seeks a declaratory judgment that defendant’s now expired patent No. 2,560,655 (hereinafter referred to as the ’655 patent), issued on July 17, 1951, is invalid and was not infringed by the use of plaintiff’s device. Defendant counterclaims for infringement.

Both parties agree that the manufacture of ladies’ nylon hosiery is hampered by the tendency of the nylon thread to accidently snag causing a loop to appear in the finished product, and that for years prior to the issuing of patent ’655 this loop was corrected by spreading…