Legal Opinion

Diamond Scientific Co. v. Ambico, Inc. And Clarence Joseph Welter

Court of Appeals for the Federal Circuit

Decided June 3, 1988No. Appeal 88-1042PublishedCited by 85 opinions

1Opinion of the Court

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 Scientific Co. (Diamond) employed Dr. Clarence Welter from 1959 until 1974. During that time, Dr. Welter invented a vaccine against…

2Cases cited17 opinions

  1. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  2. Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
  3. Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
  4. Amp Incorporated v. The United StatesUnited States Court of Claims · 1968
  5. Peter M. Roberts, Cross-Appellee v. Sears, Roebuck and Company, a Corporation, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1978

12 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Carroll Touch, Inc. v. Electro Mechanical Systems, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1993
  2. Raymond Keith Foster, Keith Mfg. Co., and Keith Sales, Co. v. Hallco Manufacturing Co., Inc., and Olof A. HallstromCourt of Appeals for the Federal Circuit · 1991
  3. Tate Access Floors, Inc. And Tate Access Floors Leasing, Inc. v. Interface Architectural Resources, Inc.Court of Appeals for the Federal Circuit · 2002
  4. Mentor Graphics Corporation v. Eve-Usa, Inc.Court of Appeals for the Federal Circuit · 2017
  5. Sun Studs, Inc. v. Ata Equipment Leasing, Inc., Applied Theory, Inc. And U.S. Natural Resources, Inc., Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1989

80 more not listed; retrieve them via the Exa API.

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