Justices Told Assignor Estoppel Is 'Uncommonly Lawless'

Law360 (February 23, 2021, 7:17 PM EST) -- Minerva Surgical Inc. is arguing that the assignor estoppel doctrine, which bars inventors who sell their patent rights from challenging the patent's validity in district court, is "uncommonly lawless" and should be abolished by the U.S. Supreme Court.

In a brief filed Monday — the first filing in the case since the high court agreed to review the matter last month — Minerva argued that there is no textual support in the Patent Act for the doctrine and that district courts have erroneously read the doctrine into the law. Minerva appealed to the Supreme Court after the Federal Circuit said a...

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