In IP Litigator, Attorneys Examine U.S. Supreme Court Decision Limiting Assignor Estoppel

In The News
September 21, 2021

An IP Litigator article examines the U.S. Supreme Court decision in Minerva Surgical Inc. v. Hologic Inc. that upheld but limited the doctrine of assignor estoppel, an equitable doctrine preventing an inventor from challenging the validity of a patent they have assigned. 

The authors note this decision reaffirms the importance for companies engaged in transactions or considering the possibility of litigation of comprehensively reviewing every patent’s full assignment history, understanding exactly what rights and limitations may have attached as a result, and considering how best to leverage those rights and limitations going forward. 

The article was authored by IP transactions and technology partner Regina Sam Penti (Boston), IP litigation partner Steve Pepe (New York), IP litigation partner Matt Rizzolo (Washington, D.C.), and IP litigation counsel Samuel Brenner (Boston).