Earth Resources Corp. v. United States

DECISION

DAMICH, Judge.

The Court is called upon to resolve issues surrounding assignor estoppel, a doctrine recognized by the Federal Circuit in Diamond Scientific Co. v. Ambico, Inc., 848 F.2d 1220 (Fed.Cir.1988). In this action, brought against the United States under 28 U.S.C. § 1498,1 the Plaintiff, Earth Resources Corp. (ERC), has asserted assignor estoppel against the United States and Integrated Environmental Services (IES), the third-party defendant. For the reasons stated below, the Court holds that assignor estoppel bars IES from contesting the validity of the patents in issue. The…