Legal Opinion

Wayne Knitting Mills and the May Corporation v. Russell Hosiery Mills, Inc.

Court of Appeals for the Fourth Circuit

Decided January 27, 1969No. 12054_1PublishedCited by 11 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Before us for determination are the questions of the validity of Claim 3 of Sarbo United States Patent No. 3,059,-458, issued October 23,1962, and whether certain of defendant’s hosiery products infringe. The patent concerns knitted foot covers designed to be worn as a liner in shoes of various styles instead of stockings or conventional socks. The district court declared Claim 3 of the patent valid and infringed. 1 For failure to distinguish the prior art — and hence for over-claiming — and for failure to comply with 35 U.S.C. § 112 we find the patent invalid, and…

2Cases cited6 opinions

  1. Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1938
  2. Binks Manufacturing Company, Etc. v. Ransburg Electro-Coating Corporation, Etc.Court of Appeals for the Seventh Circuit · 1960
  3. Corning Glass Works, in No. 15923 v. Anchor Hocking Glass Corporation, in No. 15924Court of Appeals for the Third Circuit · 1967
  4. Heyl & Patterson, Incorporated, and Cross-Appellee v. McDowell Company, Incorporated, and Norfolk and Western Railway Company, and Cross-AppellantsCourt of Appeals for the Fourth Circuit · 1963
  5. Wilcox Manufacturing Company v. Eastern Gas and Fuel Associates, Jeffrey Galion Manufacturing Company v. Wilcox Manufacturing CompanyCourt of Appeals for the Fourth Circuit · 1969

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

3Cited by11 opinions

  1. Wayne-Gossard Corp. v. Sondra, Inc.District Court, E.D. Pennsylvania · 1977
  2. Dennison Manufacturing Co. v. Ben Clements & Sons, Inc.District Court, S.D. New York · 1979
  3. Marston v. JC Penney CompanyDistrict Court, E.D. Virginia · 1971
  4. Cummins Engine Company v. General Motors CorporationDistrict Court, D. Maryland · 1969
  5. Wayne-Gossard Corporation v. Moretz Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1976

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

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