Eversharp, Inc., Appellant, v. Philip Morris, Incorporated, Appellee, 374 F.2d 511 (4th Cir. 1967)

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US Court of Appeals for the Fourth Circuit - 374 F.2d 511 (4th Cir. 1967) Argued January 13, 1967
Decided March 6, 1967

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; John D. Butzner, Jr., Judge, D.C., 256 F. Supp. 778.

John D. Dewey, Chicago, Ill. (George R. Humrickhouse, Richmond, Va., Raymond L. Greist, Chicago, Ill. and Fielding L. Williams, Richmond, Va., Greist, Lockwood, Greenwalt & Dewey, Chicago, Ill., and Williams, Mullen & Christian, Richmond, Va., on brief), for appellant.

John T. Kelton, New York City (Elmer R. Helferich, New York City, and Lewis T. Booker, Richmond, Va., Watson, Leavenworth, Kelton & Taggart, New York City, and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va. on brief), for appellee.

Before SOBELOFF and CRAVEN, Circuit Judges, and KAUFMAN, District Judge.


This appeal concerns the validity and infringement of U. S. Letters Patent No. 3,071,857 covering the Schick single edge safety razor blade manufactured by Eversharp. The manufacturer sued Philip Morris, claiming that the defendant's Pal and Personna safety razor blades infringed its patent. In an incisive and well reasoned opinion, the District Court held plaintiff's patent invalid and not infringed. After carefully considering each of the appellant's arguments, we find ourselves in complete agreement with the District Court and adopt its opinion as our own.