Union Carbide Co. v. American Carbide Co.

Second Circuit

Union Carbide Co. v. American Carbide Co.

181 F. 111, 104 C.C.A. 402, 1910 U.S. App. LEXIS 4829

CourtCourt of Appeals for the Second Circuit

DecidedJune 29, 1910

DocketNo. 225

StatusPublished

This text of 181 F. 111 (Union Carbide Co. v. American Carbide Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Carbide Co. v. American Carbide Co., 181 F. 111, 104 C.C.A. 402, 1910 U.S. App. LEXIS 4829 (2d Cir. 1910).

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Opinion

PER CURIAM.

The question of infringement in this case depends upon the result of the inquiry whether the defendant employs the arc, as distinguished from the incandescent, principle in its electric furnace in the manufacture of calcium carbide. The burden is upon the complainant to establish by .a fair preponderance of testimony—and not by mere scientific speculation—that the defendant does use the arc. We are, however, not entirely satisfied that the complainant has sustained this burden, and accordingly feel constrained to affirm with costs the decree of the Circuit Court upon the opinion of the judge holding it; and it is so ordered.

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PER CURIAM.

The question of infringement in this case depends upon the result of the inquiry whether the defendant employs the arc, as distinguished from the incandescent, principle in its electric furnace in the manufacture of calcium carbide. The burden is upon the complainant to establish by .a fair preponderance of testimony—and not by mere scientific speculation—that the defendant does use the arc. We are, however, not entirely satisfied that the complainant has sustained this burden, and accordingly feel constrained to affirm with costs the decree of the Circuit Court upon the opinion of the judge holding it; and it is so ordered.

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Bluebook (online)

181 F. 111, 104 C.C.A. 402, 1910 U.S. App. LEXIS 4829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-carbide-co-v-american-carbide-co-ca2-1910.