Westcott Hosiery Mills v. Rich's, Inc.

FOSTER, Circuit Judge.

Appellant as assignee of letters patent No. 1,759,561, issued to David H. Young, May 29, 1939, brought two suits against appellees to enjoin infringement and for an accounting. The patent is for a knitted fabric, particularly with relation to stoekings. The infringement complained of was solely in relation to the manufacture of silk stoekings. Appellees admitted infringement, but denied validity of the patent for want of novelty and invention. The suits were consolidated and tried together on the same evidence. There were decrees adjudging the patent to be invalid and…