Kaz Manufacturing Co. v. Chesebrough-Pond's, Inc.

TYLER, District Judge.

This is a motion by defendant for summary judgment. The complaint alleges two claims: first, patent infringement and, second, unfair competition. Defendant originally moved for summary judgment on the first claim only; thereafter, but before final argument of the motion, it also applied for dismissal of the second claim for lack of pendent jurisdiction. 1

For the disposition of this motion, we take the facts substantially as they are alleged in the compiaint and in plaintiff’s opposing affidavits, with a few exceptions to be specifically noted hereinafter.

Plaintiff…