Legal Opinion

Triumph Hosiery Mills, Inc. v. Alamance Industries, Inc.

Court of Appeals for the Fourth Circuit

Decided February 8, 1962No. 8374PublishedCited by 20 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge.

A patent for a surgical stocking, marketed as Supp-hose, was attacked in the District Court as fraudulently procured, lacking in inventiveness and as misused. On these grounds a declaratory judgment was sought of its invalidity. Besides denying these charges of the plaintiff non-patentees, the defendant patentees accused them of infringement, asked appropriate enforcement of the patent, and additionally charged the plaintiffs with unfair competition.

The trial judge found a purposeful omission of the patentees to disclose in *795the patent application a product that…

2Cases cited17 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. McClain v. OrtmayerSupreme Court of the United States · 1891
  3. Atlantic Works v. BradySupreme Court of the United States · 1883
  4. Smith v. NicholsSupreme Court of the United States · 1875
  5. Kenneth Reiner and Frank A. Klaus, Jr., D/B/A Kaynar Company and Kaynar Mfg. Co., Inc. v. I. Leon Co., Inc.Court of Appeals for the Second Circuit · 1960

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3Cited by20 opinions

  1. In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. International Rectifier Corp.Court of Appeals for the Eighth Circuit · 1976
  2. Servo Corporation of America, and Cross-Appellant v. General Electric Company, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1964
  3. Oliver F. Marston v. J. C. Penney Company, Inc., Oliver F. Marston v. J. C. Penney Company, Inc.Court of Appeals for the Fourth Circuit · 1965
  4. Berry Brothers Corporation, and Cross-Appellee v. Paul L. Sigmon, Trading as Sigmon Hosiery Manufacturing Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1963
  5. Marvel Specialty Company, Inc., and Cross-Appellee v. Bell Hosiery Hills, Inc., and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1964

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