U.S. Supreme Court to Review the Judicially-Created Doctrine of Assignor Estoppel

January 7, 2021

On January 8, 2021, the Supreme Court agreed to consider whether a defendant in a patent infringement action who assigned the patent, or who is in privity with an assignor of the patent, can have an invalidity defense heard on the merits.  The petition asks the Court to abolish the doctrine altogether or, absent abolishment, define the doctrine’s contours.  The case is Minerva Surgical, Inc. v. Hologic, Inc., Case No. 20-440.