Greene v. Singer Company, 71-1835.
| Decision Date | 13 March 1972 |
| Docket Number | No. 71-1835.,71-1835. |
| Citation | 461 F.2d 242 |
| Parties | George B. GREENE v. The SINGER COMPANY, a corporation of the State of New Jersey, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Dickinson R. Debevoise, Riker, Danzig, Scherer & Brown, Newark, N. J. (Winthrop, Stimson, Putnam & Roberts, and Brumbaugh, Graves, Donohue & Raymond, New York City, on the brief), for appellant.
David R. Simon, Simon & Allen, Newark, N. J. (Richard B. Goldsmith, Newark, N. J., on the brief), for appellee.
Before KALODNER, HASTIE and MAX ROSENN, Circuit Judges.
Rehearing En Banc Denied May 10, 1972.
In the instant action for unfair competition, patent infringement and violation of the anti-trust laws, the defendant Singer filed a motion to prohibit Rankin A. Milliken, Esquire, the plaintiff's patent attorney, from assisting the plaintiff and his representatives, in the litigation in this case, on the ground that Milliken, while in the employ of Friden, Inc., which had been acquired by Singer in 1963, had been assigned by Friden to represent Greene in certain patent applications in 1964-1965, respecting devices which were the subject of an Agreement between Friden and the plaintiff.
In support of its motion, Singer contended that some of the patent applications handled by Milliken are involved in the instant action.
The District Court entered an Order on June 30, 1971, limiting the role of Milliken in his representation of Greene but not prohibiting him from acting as co-counsel for Greene. This appeal followed.
On review of the records we are unable to say that the District Court abused its permissible discretion in its Order.
The Order will be affirmed.
Before SEITZ, Chief Judge, and KALODNER, HASTIE, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, MAX ROSENN and JAMES ROSEN, Circuit Judges.
The petition for rehearing filed by The Singer Company, a corporation of the State of New Jersey, appellant in the above entitled case, having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court en banc, the petition for rehearing is denied.
Sur Order Denying Petition for Rehearing.
I dissent from the denial of rehearing.
From 1962 until 1965, Rankin A. Milliken was employed as a patent attorney by the Friden division of the Singer Company. During the last year of that employment, among his other duties, Mr. Milliken was assigned to prosecute the patent applications of George B. Greene with whom the Friden division had entered into an agreement for the development of fluid logic systems. When Mr. Milliken left Friden, he became Greene's patent attorney.
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