What Is The Future Of The Doctrine Of Assignor Estoppel In Patent Validity Challenges?

On January 8, 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on September 30, 2020. The question presented is “whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.” The doctrine of assignor estoppel is an equitable doctrine that prevents a party (or other entities in privity) who assigned a patent to another from...
By: Kilpatrick Townsend & Stockton LLP

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