Legal Opinion

Joseph K. McCutchen v. The Singer Company and Kingston Mills, Inc., the Singer Company and Kingston Mills, Inc. v. Joseph K. McCutchen

Court of Appeals for the Fifth Circuit

Decided February 14, 1968No. 22941PublishedCited by 17 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

This is a patent infringement suit by Joseph K. McCutchen, plaintiff, against The Singer Company and Kingston Mills, Inc., defendants, 1 involving plaintiff’s United States Patent No. 2,879,728. From the judgment of the district court (sitting without a jury), plaintiff has appealed and defendants have cross appealed.

McCutchen’s patent application for a tufting machine and method was filed January 26, 1956, and granted on March 31, 1959, containing fourteen separate claims. Plaintiff’s invention describes a machine which “can produce severed or unsevered loops with…

2Cases cited13 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. McAllister v. United StatesSupreme Court of the United States · 1954
  3. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  4. Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Supreme Court of the United States · 1935
  5. W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966

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3Cited by17 opinions

  1. Beckman Instruments, Inc., and Leland C. Clark, Jr., Plaintiffs-Appellants-Cross v. Chemtronics, Inc. And J. Ryan Neville, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1970
  2. Stamicarbon, N v. V. Escambia Chemical CorporationCourt of Appeals for the Fifth Circuit · 1970
  3. Beckman Instruments, Inc. v. Chemtronics, Inc.Court of Appeals for the Fifth Circuit · 1970
  4. Sterner Lighting, Inc. v. Allied Electrical Supply, Inc.Court of Appeals for the Fifth Circuit · 1970
  5. Continental Oil Company, Cross-Appellee v. Jimmy R. Cole, D/B/A Jim R. Cole & Associates and Cole Development Co. Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1981

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