Mabs, Inc., D/b/a Lancer of California, Snap-tab Corporation, and Leslie Riverview Realty Corporation, Appellants, v. Piedmont Shirt Company, Appellee, 368 F.2d 570 (4th Cir. 1966)

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US Court of Appeals for the Fourth Circuit - 368 F.2d 570 (4th Cir. 1966) Argued October 6, 1966
Decided October 28, 1966

George T. Mobille, Washington, D. C., and Ralph Bailey, Jr., Greenville, S. C. (Edward M. Prince and Cushman, Darby & Cushman, Washington, D. C., on brief), for appellants.

Jesse Rothstein, New York City (Morton Amster, Amster & Rothstein, New York City, and Price & Poag, Greenville, S. C., on brief), for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.


In a carefully considered opinion, the district judge clearly demonstrated the invalidity of the patent. See Mabs, Inc. v. Piedmont Shirt Company, 248 F. Supp. 71 (W.D.S.C. 1965). Commendably, he then went further and, assuming its validity, adjudged it not infringed. We agree on both aspects of the case, and affirm for the reasons stated by the district judge.