Swanfeldt

This is a suit in equity for alleged infringement of three patents, Nos. 68,354, 68,355, and 68,356, respectively, granted to Andrew Swanfeldt for designs for textile fabrics, and of patent, No. 1,625,690, granted to Andrew Swanfeldt for ornamental awning fabric and method of making the same. The bill of complaint attempts to set up an additional ground of equitable relief for unfair competition.

The defenses to the three design patents are: First, noninfringement; second, anticipation and invalidity in view of the pri- or state of .the art; and third, defenses of invalidity because of triple patenting by plaintiff for substantially the same design. The defenses' interposed against the method or process patent for ornamental awning fabric and making the same are; First, invalidity; and, second, noninfringement.

Upon the alleged grounds of suit for unfair competition, it is sufficient to state that this court is without jurisdiction in such matters because of insufficiency of fact in the bill of complaint. It appears therefrom that both plaintiff and defendant are and were during all material time citizens and residents of the state of California. There is no diversity of…