Sunbeam Lighting Company v. Pacific Associated Lighting Incorporated and Mitchell Bobrick, Also Known as "Mitch" Bobrick

Good Law
328 F.2d 300
United States Court of Appeals for the Ninth CircuitMarch 17, 196418930California1,540 words

Opinion

Opinion

Madden, J.

The United States District Court for the Northern District of California, Southern Division, granted summary judgments in favor of the defendants, dismissing both of the two causes of action of the plaintiff. In this opinion the parties are referred to in their respective postures in the district court, i. e., the appellant is called plaintiff and the appellees, defendants.

The plaintiff sued the defendants for unfair competition and for infringement of the plaintiff’s design patent, the complaint stating two separate causes of action. The first cause of action, for unfair competition, would not, of itself, be cognizable in a federal court. However, Title 28 of the United States Code, § 1338(b), provides:

The plaintiff relies upon that statutory provision to justify its inclusion, in this federal court proceeding, of its first cause of action, the one for unfair competition.

We consider first the cause of action for patent infringement. The plaintiff has a design patent for a combined hospital and bed light fixture and service outlet control panel. This being a design patent, the only monopoly which is or could be claimed by the plaintiff on account of its patent is a monopoly…

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