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ELEKTROKEMISK v. AMERICAN AGRICULTURAL CHEMICAL CO.

Civ. A. No. 1663.

152 F.Supp. 944 (1957)

ELEKTROKEMISK A/S, Plaintiff, v. The AMERICAN AGRICULTURAL CHEMICAL COMPANY, Defendant.

United States District Court D. Delaware.

June 28, 1957.

Attorney(s) appearing for the Case

Arthur G. Connolly and Thomas Cooch, Connolly, Cooch & Bove, Wilmington, Del., and Alan N. Mann and William D. Lucas; Eyre, Mann & Burrows, New York City, for plaintiff.

Robert H. Richards; Richards, Layton & Finger, Wilmington, Del., and Robert S. Dunham and Paul S. Bolger, New York City, for defendant.

LEAHY, Chief Judge.

This is an action for infringement of U.S. 2,300,355, issued October 27, 1942, for a process for the production of carbides and ferro-alloys, covered by the Ellefsen patent. Plaintiff charges defendant, The American Agricultural Chemical Company, infringes the patent by its process for the production of elemental phosphorus. The case creates two issues:

1. Is Ellefsen patent valid?

2. Did defendant's operation of its electric furnaces...

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