Justices Eye Narrowing Bar On Patent Attacks, Not Ending It

Law360 (April 21, 2021, 9:21 PM EDT) -- The justices of the U.S. Supreme Court cast a skeptical eye Wednesday on calls to abolish a doctrine that bars inventors from challenging their own patents, and appeared to be searching instead for ways to limit the application of the rule to make it fairer.

During oral arguments in a case where Minerva Surgical Inc. is urging the high court to completely discard the doctrine, known as assignor estoppel, none of the justices appeared to wholeheartedly endorse that position.

Several suggested that it is now established law that those who assign their patents to others cannot then argue that they have...

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