Tada Images / Shutterstock.com
A decision by the Supreme Court over the assignor estoppel doctrine could have far-reaching implications for patent law, argue Jeffrey D Morton, Zachary Schroeder and Ryan D Ricks of Snell & Wilmer.
On January 8, 2021, the US Supreme Court agreed to hear Minerva Surgical v Hologic to consider whether an inventor or those in privity with the inventor may assert patent invalidity as a defence against a patent infringement suit for the inventor’s patent.
The doctrine at issue is known as “assignor estoppel” and provides protection to assignees in patent transactions.
This article will discuss: (i) the Minerva litigation; (ii) the importance of the court’s decision to hear the case; (iii) a review of case law and doctrine that may influence the court’s decision; and (iv) how the court’s decision could impact patent law and related transactions.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
Minerva Surgical, Hologic, US Supreme Court, inventions, patent infringement, assignor estoppel, Federal Circuit, USPTO
