MDS Associates, Ltd. v. United States

ORDER

NETTESHEIM, Judge.

This case is before the court after argument on defendant’s motion for partial summary judgment and plaintiffs cross-motion for leave to amend the complaint to add a party plaintiff.* Defendant moved to exclude from the case any issue of patent infringement by the Government prior to June 29, 1987.

FACTS

The following facts are undisputed, unless otherwise noted. On August 19, 1970, the United States Patent and Trademark Office (the “PTO”) received Application No. 65,228 from Robert M. O’Hagan, Joseph F. De Spautz, James E. Carroll, Jr., and Richard H. Sorensen, as…