UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Decided: January 27, 1989.
SCHERING CORPORATION, PLAINTIFF/APPELLANT,
OPTICAL RADIATION CORPORATION, DEFENDANT/CROSS-APPELLANT
Schering Corporation (Schering) appeals the judgment of the United States District Court for the Central District of California in Schering Corp. v. Optical Radiation Corp., No. 83 CV 84-2357-WPG (C.D. Cal. August 6, 1987) (amended January 5, 1988), holding invalid under 35 U.S.C. § 103 (1982) claims 1 and 2 of U.S. Patent No. 4,390,676 (the '676 patent), issued to Samuel Loshaek and assigned to Schering. Schering also challenges the court's holding that these claims, which describe an intracular lens with a copolymerizable ultraviolet (UV) light absorber for use by persons without natural lenses (aphakics), have not been infringed by Optical Radiation Corporation's (ORC's) "UV 400" intraocular lens, and that the patent is unenforceable due to inequitable conduct. ORC, in a cross-appeal, challenges the court's conclusion that the claims find support in an application filed June 20, 1973, and also in the court's denial of attorney fees. We affirm as to obviousness, but reverse as to inequitable conduct. We affirm as to the court's denial of attorney fees to ORC.
AFFIRMED in part, and REVERSED in part.
© 1998 VersusLaw Inc.