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Minerva V. Hologic: Assignor Estoppel Doctrine Retained, But Limited | Haug Partners LLP
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Assignor Estoppel is Alive and Well after Minerva v. Hologic | Buckingham, Doolittle & Burroughs, LLC
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Supreme Court Sets Boundaries for Assignor Estoppel in Minerva Surgical v. Hologic | Fitch, Even, Tabin & Flannery LLP
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On June 29, 2021, the Supreme Court limited the doctrine of assignor estoppel that has long prevented inventors from challenging the validity of patents they have assigned to a third party. The judicially-created doctrine is grounded in fairness and prevents a patent assignor from warranting (at least implicitly) to the buyer that the patent is valid, but then later challenging the validity of the patent.
In
Minerva Surgical, Inc. v. Hologic, Inc.
[1], the patent claims a device to treat abnormal uterine bleeding that used a moisture-permeable applicator. The inventor assigned the patent application for the device to his company, Novacept, Inc., which was later acquired by Hologic, Inc. The inventor subsequently founded Minerva Surgical, Inc., where he developed and patented a similar device for treating uterine bleeding, but that used a moisture-impermeable applicator. In the meantime, Hologic filed a continua
On June 29, the Supreme Court issued a 5-4 decision in
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440 (June 29, 2021) ( slip opinion).
Minerva involves a challenge to the assignor estoppel doctrine, which is an equitable or court-created rule that prevents a party who assigned a patent from later challenging the validity of the assigned patent in district court. The Court first gave the doctrine its seal of approval in 1924, by ruling that principles of fair dealing should limit an inventor s ability to assign a patent to another for value and then later argue in litigation that the patent is invalid. [i]