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SERDAREVIC v. ADVANCED MEDICAL OPTICS, INC.

No. 2008-1075.

532 F.3d 1352 (2008)

Olivia N. SERDAREVIC, M.D., Plaintiff-Appellant, v. ADVANCED MEDICAL OPTICS, INC., Stephen L. Trokel, M.D., and VISX, Inc., Defendants-Appellees, and Francis A. L'Esperance, Jr., M.D., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 16, 2008.

Attorney(s) appearing for the Case

Ira S. Sacks, Dreier LLP, of New York, NY, argued for plaintiff-appellant. Of counsel was Gerard F. Diebner.

Roger J. Chin, Wilson Sonsini Goodrich & Rosati, of Palo Alto, CA, argued for defendants-appellees Advanced Medical Optics, Inc., et al. With him on the brief was Ron E. Shulman.

Steven Mancinelli, Codispoti & Mancinelli, LLP, of New York, NY, argued for defendant-appellee Francis A. L'Esperance, Jr., M.D.

Before MICHEL, Chief Judge, LINN, Circuit Judge, and ZAGEL, District Judge.

LINN, Circuit Judge.

In this case, we are called upon to resolve several issues relating to a claim by Olivia N. Serdarevic ("Serdarevic") that she is the inventor or co-inventor of technology related to laser vision correction disclosed in six United States patents issued between 1987 and 1998. Serdarevic brought suit on September 15, 2006, against the current owner of the patents, its corporate parent, and the named inventors, seeking correction of inventorship...

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