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UNION CARBIDE CORPORATION v. MICROTRON CORPORATION

No. 10830.

375 F.2d 438 (1967)

UNION CARBIDE CORPORATION, Appellee, v. MICROTRON CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Paul B. Bell, Charlotte, N. C. (Joseph H. Heard and Frank H. Kennedy, Parrott, Bell, Seltzer, Park & Heard, and Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., on brief), for appellant.

William K. Kerr, New York City (Henry J. Zafian and John O. Tramontine, Fish, Richardson & Neave, New York City, and Helms, Mulliss, McMillan & Johnston, Charlotte, N. C., on brief), for appellee.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

PER CURIAM:

In a suit for alleged infringement of Patent No. 2,784,132 brought by Union Carbide Corporation ("Union") against Microtron Corporation ("Microtron"), Microtron sought 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 Canada1 without a license required by 35 U.S.C.A. § 184.

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