DIAMOND SCIENTIFIC CO. v. AMBICO, INC.

Appeal No. 88-1042.

848 F.2d 1220 (1988)

DIAMOND SCIENTIFIC CO., Plaintiff-Appellee, v. AMBICO, INC. and Clarence Joseph Welter, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 3, 1988.


Attorney(s) appearing for the Case

Edmund J. Sease, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, argued for plaintiff-appellee.

Iver P. Cooper, Mackler, Cooper & Gibbs, Washington, D.C., argued for defendants-appellants. With him on the brief was Dick L. Jensen, Dreher, Wilson, Simpson, Jensen, Sellers, Adams & Kaiser, of Des Moines, Iowa.

Before FRIEDMAN, DAVIS and NEWMAN, Circuit Judges.


DAVIS, Circuit Judge.

This appeal from an order of the United States District Court for the Southern District of Iowa granting plaintiff's motion to strike three affirmative defenses is before us by permission, to decide whether the doctrine of assignor estoppel prevents this assignor-inventor and his company, who are sued for infringement, from challenging the validity of the patents previously assigned by him to the assignee. We affirm.

Appellee Diamond...

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