Jack Winter, Inc. v. Koratron Co.
Opinion
lead Opinion
Doyle, J.
MEMORANDUM OPINION AND ORDER RE MOTION OF DAN RIVER MILLS, INC. FOR SUMMARY JUDGMENT AS TO THIRD-PARTY COMPLAINT
This is an additional facet of the so-called Koratron litigation. Orders with respect to motions for summary judgment have been issued recently, following extensive hearings on February 25-26, with respect to the validity of the ’432 patent and contentions of non-infringement of the patent. Koratron has filed a third-party complaint against Dan River Mills, Inc., seeking recovery of all or substantially all of the damages which may be recovered by the Koratron adversaries on the basis that Dan River allegedly coerced Koratron into entering an agreement not to prosecute users of Dan River fabrics on the basis of alleged infringement of Koratron U. S. Patent No. 2,974,432.
Koratron has also asserted a claim that Dan Press fabric is within the scope of the ’432 patent, whereby the use of the Dan Press fabric by Dan River’s garment makers constitutes an infringement of the ’432 patent. In addition, there is a claim for relief asserted on the common law ground of economic duress or coercion. The present motion for summary judgment by Dan River focuses on the Koratron…