Lucas

Wendell Miller is appealing from an order (Code Civ. Proc., § 581d) dismissing plaintiff’s action entered after the demurrer of defendants James Lucas and Bell & Howell Company to plaintiff’s second amended complaint was sustained without leave to amend. The original complaint was filed March 20, 1972; it was amended twice and on April 25, 1975, the judge sustained the demurrer to each of plaintiff’s nine tort causes of action on the ground that the court lacked subject matter jurisdiction. The nine tort causes of action are for: (1) malicious prosecution; (2) abuse of process; (3) interference with prospective business interests; (4) injury to professional reputation; (5) slander of title; (6) actual fraud; (7) constructive fraud; (8) fraudulent inducement of breach of contract; and (9) conspiracy.

In May 1966, plaintiff was issued a patent for a certain invention. In October 1966 the defendants filed a patent application in the United States Patent Office and the application contained 15 claims copied from plaintiff’s patent. In June 1969 the patent office declared an interference between one of the 15 claims in Lucas’ patent application and the corresponding claim in…