Erie Technological Products, Inc. v. Die Craft Metal Products, Inc.

I find myself unable to be in complete agreement either with the district court or the majority of this court’s panel despite the thorough ventilation of the facts and law contained in their respective opinions. I therefore dissent.

On the matter of validity, the result reached by Judge Marovitz (318 F.Supp. 940 et seq.) strikes me, as I trace the analytical pathway he pursued, as being eminently correct. I would approve and adopt that part of the district court’s opinion.

However, the majority opinion of this court seems to me to refocillate the appellant’s infringement claim and to arrive…