Republic Molding Corp. v. B. W. Photo Utilities

In these three cases, consolidated for trial before the district court, Republic Molding Corporation seeks recovery of *349 damages for patent infringement and unfair competition. Upon appeal, the question presented is whether the district court erred in holding, in all three cases, that appellant’s unclean hands barred relief.

The subject of Republic’s patents is a plastic vegetable bin, marketed under the trade-mark of “Polly-Flex.” Appellant asserts damage by virtue of the fact that appellees are wrongfully marketing substantially similar products. The action against B. W. Photo was brought before issuance of the patents, and is confined to a claim of unfair competition. The other actions include claims for both unfair competition and patent infringement. The action against Alladin also includes a claim for copyright infringement relating to the copying of a copyrighted advertisement.

The conduct found to constitute unclean hands was Republic’s disregard of title 35 U.S.C. § 292 , which provides in pertinent part:

The B. W. Photo case contains the fullest and most specific finding of unclean hands. There the court found:

The nature of the unclean-hands defense in patent and…