The following excerpt is from Betaseed, Inc. v. U and I Inc., 681 F.2d 1203 (9th Cir. 1982):
As in Calnetics v. Volkswagen Inc. of America, 532 F.2d 674 (9th Cir.), cert. denied, 429 U.S. 940, 97 S.Ct. 355, 50 L.Ed.2d 309 (1976), the key contested issue here is motive or intent. There, this court concluded
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