Johnson & Johnson v. Carolina Lee Knitting Co.

HAYES, District Judge.

This case was before this court which held the Purcell Patent valid but not infringed, D.C., 155 F.Supp. 414. On appeal the Circuit Court considered some evidence on infringement which was not before the trial court and remanded the case, stating that “in a close case, such as this, should the District Judge be afforded an opportunity to weigh the additional evidence and to reappraise his findings in the light of it”. 4 Cir., 258 F.2d 593, 599. At the re-hearing, the advertisements and explanatory evidence incident thereto were produced. The court refused to reopen the…