Marston v. JC Penney Company

MEMORANDUM

MERHIGE, District Judge.

This patent case is before the Court for the second time, currently on plaintiff’s motion to punish for contempt. Prior proceedings are summarized in the opinion of the Court of Appeals, Marston v. J. C. Penney Co., 353 F.2d 976 (4th Cir. 1965), cert. den., 385 U.S. 974, 87 S.Ct. 515, 17 L.Ed.2d 437 (1966). The Fourth Circuit affirmed therein this Court’s ruling that claims 1 and 2 of the Marston patent, No. 2,715,231, were valid, and determined, contrary to the district court, that certain articles sold by Penney infringed. On remand damages were determined…