Metal Coating Corporation, a Corporation v. National Steel Construction Co., a Corporation

Metal Coating Corporation brought this action against National Steel Construction Co. to enjoin infringement of its United States Letters Patent No. 3,030,891, “Liquid Supply Pumping System.” Plaintiff sought an injunction, an accounting for damages and profits, and a monetary judgment for treble damages. In addition to the infringement claim, the complaint contains claims for unfair competition and for unfair or deceptive acts or practices in trade or commerce in violation of Chapter 216, Session Laws of Washington, 1961. In-junctive and monetary relief was also sought on these claims.

Defendant answered, raising various defenses and counterclaiming for a judicial declaration that Letters Patent No. 3,030,891 is invalid. Defendant then moved for a summary judgment against plaintiff on the latter’s infringement claim and, in this connection, voluntarily withdrew its own counterclaim on the issues of validity. Plaintiff countered with a cross motion for summary judgment on the issue of unfair competition and, at the same time, moved for leave to amend the complaint to add additional allegations concerning unfair competition.

A hearing was held on defendant’s motion for summary…