Warbern Packaging Industries, Inc., Plaintiff-Appellant-Cross-Appellee v. Cut Rate Plastic Hangers, Inc., Defendant-Appellee-Cross-Appellant

STEWART, District Judge:

This is a patent infringement case in which plaintiff-appellant Warbern Packaging Industries, Inc. (“Warbern”) seeks damages resulting from the alleged infringement of its now expired patent, No. 3,047,-196 (the “Levine patent”), by defendant-ap-pellee Cut Rate Plastic Hangers, Inc. (“Cut Rate”). Plaintiff-appellant appeals from a judgment of the District Court for the Eastern District of New York, Dooling, J., dismissing plaintiff’s action on the ground that its patent was not infringed by Cut Rate and, in any case, the patent is invalid. Cut Rate cross appeals from…