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KRANSCO MFG., INC. v. MARKWITZ

No. 79-4270.

656 F.2d 1376 (1981)

KRANSCO MANUFACTURING, INC., Plaintiff-Appellant, v. Bernhard MARKWITZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1981.

Attorney(s) appearing for the Case

John K. Uilkema, San Francisco, Cal. (argued), for plaintiff-appellant; Frank A. Neal, Naylor, Neal & Uilkema, San Francisco, Cal., on brief.

William E. Levin, Miami, Fla. (argued), for defendant-appellee; Nancy E. Smith, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., on brief.

Before PREGERSON, ALARCON and NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

On May 5, 1978, appellant, Kransco Manufacturing, Inc. (Kransco), commenced this action in the United States District Court for the Northern District of California, seeking a declaratory judgment under 28 U.S.C. §§ 2201 and 1338 that a patent owned by appellee, Bernhard Markwitz, was invalid, or if valid, had not been infringed. Appellant also sought damages for unfair competition under 28 U.S.C. § 1332. On Markwitz's motion...

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