Analysis

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!