Hendel v. Kam Water Heater Mfg. Co.

INCH, Chief Judge.

In this action for patent infringement and unfair competition, defendant moves for summary judgment upon the grounds of noninfringement of the patent in suit and the lack of any genuine issue of fact as to the claim of unfair competition, and for an award of reasonable attorney’s fees pursuant to Title 35 U.S.C. § 70. For the purposes of this motion defendant raises no question as to the validity of the patent.

*568The patent in suit is No. 2,407,276 for “Shock Absorber for Hydraulic Systems”. As appears from paragraph 1 of plaintiff’s answers to defendant’s interrogatories, only…