Justices To Review Assignor Estoppel In Patent Cases

Law360 (January 8, 2021, 7:02 PM EST) -- The U.S. Supreme Court on Friday agreed to hear a case calling for the abolition of the doctrine of assignor estoppel, which bars inventors who sell their patent rights from challenging the patent's validity in district court.

The justices granted a cert petition filed in September by Minerva Surgical Inc. in a dispute with Hologic Inc. over a treatment for abnormal menstrual bleeding. While the Federal Circuit has said assignor estoppel prevents someone from assigning a patent to others and then claiming that it's worthless, Minerva argued that assignor estoppel undermines "crucial public purposes" because it bars a way to eliminate...

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