What To Watch As Justices Eye Restriction On Patent Attacks

By Ryan Davis (April 16, 2021, 12:49 PM EDT) -- When the U.S. Supreme Court hears arguments Wednesday in a case challenging a doctrine that restricts invalidity attacks on some patents, observers will be looking for clues on whether the justices appear inclined to endorse the rule, limit its application or discard it completely.

The case, Minerva Surgical Inc. v. Hologic Inc., focuses on the doctrine of assignor estoppel, which bars those who sell or assign patents to others from challenging the patents' validity in court. The parties and the amici have starkly different perspectives on the fairness and utility of the rule.

Minerva was barred by the doctrine from challenging...

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