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POWER CONTROLS CORP. v. HYBRINETICS, INC.

Appeal No. 86-1041.

806 F.2d 234 (1986)

POWER CONTROLS CORP., Appellee, v. HYBRINETICS, INC., Appellant.

United States Court of Appeals, Federal Circuit.

November 13, 1986.

Attorney(s) appearing for the Case

Richard E. Backus, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., argued for appellant. With him on the brief were William J. Egan, III, Luann Cserr and Richard P. Doyle, Jr.

Ted D. Lee, Gunn, Lee & Jackson, P.C., San Antonio, Tex., argued for appellee. With him on the brief was Jack V. Musgrove. Also on the brief was John F. Barg, Landels, Ripley & Diamond, San Francisco, Cal., of counsel.

Before FRIEDMAN, SMITH and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of California granting a preliminary injunction in a suit charging infringement of a design patent, and unfair competition in violation of federal and state law. We vacate in part and affirm in part.

I

A. U.S. Patent No. Des. 281,580 ('580 patent), which appellee Power Controls Corp. (Power Controls) owns, covers a design for a plastic...

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