Kaz Manufacturing Co., Inc. v. Chesebrough-Ponds, Inc.

SWAN, Circuit Judge.

This is a civil action in two counts, count 1 charging patent infringement and count 2 unfair competition. The patents in suit are Design Patent No. 181,257 for “Vaporizer Head Unit”, Patent No. 2,885,750 for “Cover and Removable Spout Extension for a Vaporizer” and Patent No. 2,387,156 for “Elec trie Vaporizer”. 1 Before answer, defendant moved for a partial summary judgment dismissing count 1 on the ground of non-infringement. Judge Tyler granted the motion and also dismissed, without prejudice, count 2 for lack of pendent jurisdiction. His opinion is reported in D.C.,…