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CONTINUOUS CURVE CONTACT LENSES v. RYNCO SCIENTIFIC

Nos. 80-5864, 80-5906.

680 F.2d 605 (1982)

CONTINUOUS CURVE CONTACT LENSES, INC., a California corporation, Appellee, v. RYNCO SCIENTIFIC CORPORATION, Appellant. DANKER AND WOHLK, INC., a corporation, Appellee, v. RYNCO SCIENTIFIC CORPORATION, a corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

Lewis Anten, Lewis Anten, a Professional Corp., Encino, Cal., for Rynco Corp.

James W. Geriak, Lyon & Lyon, Los Angeles, Cal., for Contact Lenses.

Richard A. Wallen, Harris, Kern, Wallen & Tinsley, Los Angeles, Cal., for Danker & Wohlk.

Before CHOY, GOODWIN and FARRIS, Circuit Judges.

GOODWIN, Circuit Judge.

Plaintiffs, who were Rynco's competitors, sued to have Rynco's plastic contact lens patent declared void, claiming the patent had been anticipated by an article in a contact lens journal. Rynco counter-claimed for patent infringement. Rynco appeals a summary judgment for the plaintiffs.

Rynco Scientific Corporation holds United States Patent No. 3,900,250 ('250) which protects the invention of a contact lens made out of clear cellulose...

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