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Wayne-Gossard Corp. v. Moretz Hosiery Mills

United States Court of Appeals, Fourth Circuit
Mar 30, 1978
573 F.2d 191 (4th Cir. 1978)

Opinion

Nos. 76-2416 and 77-2189.

Argued March 7, 1978.

Decided March 30, 1978.

David Rabin, Greensboro, N.C. (Walter L. Beavers, Greensboro, N.C., Richard A. Williams, Newton, N.C., on brief), for appellant in 77-2189 and 76-2416.

Joseph W. Grier, Jr., Charles B. Park, III, Charlotte, N.C. (Grier, Parker, Poe, Thompson, Bernstein, Gage Preston, Bell, Seltzer, Park Gibson, Joell T. Turner, Irvin W. Hankins, III, Charlotte, N.C., on brief), for appellee in 77-2189 and 76-2416.

Appeal from the United States District Court for the Western District of North Carolina.

Before WINTER and BUTZNER, Circuit Judges, and HOFFMAN, Senior District Judge.

Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


In Wayne-Gossard Corporation v. Moretz Hosiery Mills, Inc., 539 F.2d 986 (4 Cir. 1976), we held that 35 U.S.C. § 252 applied to narrowed reissues and we remanded the case for further consideration as to whether Moretz could avail itself of the defense under § 252 and, if so, for application of the remedial provisions of § 252. The district court held that Moretz could invoke rights under § 252; and under that section it should compensate plaintiff for only its postreissue infringement at a royalty of twenty-five cents per dozen pairs of infringing foot socks with simple interest at six percent per annum, less the cost of conversion and reconversion of machinery, placed in operation to produce infringing socks, to adapt it to manufacture non-infringing foot socks. Moretz was enjoined from further infringement after October 23, 1979.

After consideration of the arguments, oral and written, and the pertinent portions of the record, we think that the district court correctly determined the matter on remand for the reasons sufficiently stated in its opinion. Wayne-Gossard Corporation v. Moretz Hosiery Mills, Inc., 447 F. Supp. 12 (W.D.N.C. 1976).

We also think that the district court did not abuse its discretion in denying Moretz's motion under Rule 60(b)(6), F.R.Civ.P., for the reason assigned by it.

AFFIRMED.


Summaries of

Wayne-Gossard Corp. v. Moretz Hosiery Mills

United States Court of Appeals, Fourth Circuit
Mar 30, 1978
573 F.2d 191 (4th Cir. 1978)
Case details for

Wayne-Gossard Corp. v. Moretz Hosiery Mills

Case Details

Full title:WAYNE-GOSSARD CORPORATION, APPELLEE, v. MORETZ HOSIERY MILLS, INC.…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 30, 1978

Citations

573 F.2d 191 (4th Cir. 1978)

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