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UNION CARBIDE CORPORATION v. MICROTRON CORPORATION

Civ. No. 2042.

254 F.Supp. 299 (1966)

UNION CARBIDE CORPORATION, Plaintiff, v. MICROTRON CORPORATION, Defendant.

United States District Court W. D. North Carolina, Charlotte Division.

May 24, 1966.

Attorney(s) appearing for the Case

William H. Bobbitt, Charlotte, N. C., John O. Tramontine, John F. Hohmann, and William Kerr, New York City, for plaintiff.

Paul B. Bell, Joseph H. Heard and Frank H. Kennedy, Charlotte, N. C., for defendant.

MEMORANDUM OF DECISION

CRAVEN, Chief Judge.

In this suit for patent infringement brought by Union Carbide Corporation against Microtron Corporation, Microtron counters with a motion for summary judgment on the ground that within six months of the date on which application for the patent was filed in the United States Patent Office an application was also filed in Canada without a license as required by Title 35 U.S.C.A. § 184. Such unlicensed foreign...

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