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JONES KNITTING CORPORATION v. MORGAN

Civ. A. No. 25348.

184 F.Supp. 840 (1960)

JONES KNITTING CORPORATION, the Russell Manufacturing Company, Inc., Union Underwear Company, Washington Mills Company, West Knitting Corporation, Oneita Knitting Mills and P. H. Hanes Knitting Company, Plaintiffs, v. John E. MORGAN and John E. Morgan Patents, Inc., Defendants.

United States District Court E. D. Pennsylvania.

May 12, 1960.

Attorney(s) appearing for the Case

Roberts B. Larson (of Larson & Taylor), Washington, D. C., and Ernest Von-Starck (of Morgan, Lewis & Bockius), Philadelphia, Pa., for plaintiffs.

Robert B. Frailey and Henry N. Paul, Jr. (of Paul & Paul), Philadelphia, Pa., for defendants.

GOODRICH, Circuit Judge.

The plaintiffs in this case seek a declaratory judgment that U. S. patent No. 2,839,909 to John E. Morgan as inventor is invalid.

At this stage of the case the plaintiffs seek a summary judgment based on 35 U.S.C. § 102 which sets forth the conditions for patentability. Subsection (f) of this section says that the applicant is not entitled to a patent if "he did not himself invent the subject matter sought to be patented." The...

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