Sanford Research Company and Sanford Ink Company, (Cross-Appellees) v. Eberhard Faber Pen and Pencil Co., Inc., (Cross-Appellant)

DUFFY, Senior Circuit Judge.

Plaintiffs sought damages and injunc-tive relief for alleged patent infringement [Count I] and for unfair competition [Count II]. The District Court decided for the defendant on each count. In addition, the District Court awarded the defendant the sum of $11,000 as attorney fees on the ground that Count II of the complaint was brought “without justifiable groúnds, was baseless and vexatious.”

Plaintiffs appeal from the judgment dismissing Count I, and the- awarding of attorney fees with respect to Count II. Although plaintiffs state they believe the findings and…