Eco Electrical Systems, LLC v. Reliaguard Inc.

INTRODUCTION

18 In this unfair business practices suit, defendants move for summary judgment. To the 19 extent stated below, the motions are GRANTED IN PART and DENIED IN PART.

STATEMENT

21 This case arises from a fierce fight between two competitors to supply Pacific Gas & 22 Electric Company with specialized guards that protect birds and other animals from 23 electrocution. 24 In 2000, Michael Lynch founded plaintiff Eco Electrical Systems, which designs, 25 manufactures, and sells “avian protection devices” to utility companies. In about 2003, PG&E 26 asked Eco to design a “cutout cover” to prevent animals from coming into contact with 27 “cutouts,” a type of electrical device that rests atop utility poles. In response, Eco developed the ECC-3 cutout cover, which it sold, unchanged, to PG&E until 2019. The ECC-3, which is designed for cutouts made out of porcelain, is Eco’s most successful product and is also sold to other utility companies. PG&E also purchases, in much smaller quantities, the ECC-10 cutout cover, which is made from the same material but is designed for particularly large porcelain cutouts. Additionally, Eco sells to other…