Gillet Outillage was a French company that makes hose clamp pliers. Gillet owned French and U.S. patents on the pliers design. Gillet learned that an American company, Fisher Tool Co., was making similar pliers. Gillet sued. At a pretrial hearing, the district court construed the patent narrowly. Gillet withdrew, and the case was dismissed.
Fisher then sued Gillet, alleging malicious prosecution under state (California) law and violation of federal antitrust laws. Fisher also claimed that Gillet’s public allegations of patent infringement violated §43(a) of the Lanham Act and various California tort laws.
