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CARDINAL CHEMICAL CO. v. MORTON INT'L, INC.

No. 92-114.

508 U.S. 83 (1993)

113 S.Ct. 1967

124 L.Ed.2d 1

CARDINAL CHEMICAL CO. et al. v. MORTON INTERNATIONAL, INC.

Supreme Court of United States.

Decided May 17, 1993.

Attorney(s) appearing for the Case

Charles F. Schill argued the cause for petitioners. With him on the brief was Larry L. Shatzer II.

Gordon R. Coons argued the cause for respondent. With him on the brief were John E. Rosenquist, Jeffrey S. Ward, and Gerald K. White.*

Stevens, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and III, and the opinion of the Court with respect to Part IV, in which Rehnquist, C. J., and White, Blackmun, O'Connor, Kennedy, and Thomas, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Souter, J., joined, p. 103.

Justice Stevens, delivered the opinion of the Court.

The question presented is whether the affirmance by the Court of Appeals for the Federal Circuit of a finding that a patent has not been infringed is a sufficient reason for vacating a declaratory judgment holding the patent invalid.

Respondent, Morton International, Inc. (Morton), is the owner of two patents on chemical compounds used in polyvinyl chloride (PVC).1 In 1983 Morton...

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