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SCOTUS Grants Assignor Estoppel a Reprieve but Limits Its Scope

Thursday, July 1, 2021 The Supreme Court of the United States upheld the validity of doctrine of assignor estoppel but concluded that the US Court of Appeals for the Federal Circuit failed to recognize the boundaries of the doctrine.  Minerva Surgical, Inc. v. Hologic, Inc. Case No. 20-440 (Supr. Ct., June 29, 2021)(Kagan, Justice)(Barrett, Justice, dissenting)(Alito, Justice, dissenting). With the Court’s concern to maintain the underlying principle of fairness and the limits of ...
United States Samuel Alito Stephen Breyer Amy Coney Barrett Justice Kagan Clarence Thomas

Inventor Assignments – Problems on the Horizon | Womble Bond Dickinson

Two weeks ago, the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic, Inc. over the rather arcane issue of assignor estoppel.  Stop - I can figuratively feel your eyes rolling after reading the phase “assignor estoppel” – “why would I care about that!?”  Well, the potential validity of patents developed by your employees that are assigned to ( i.e., owned by) your company are at significant risk based on the potential outcomes of this case. Assignor estoppel has...
Supreme Court Minerva Surgical Inc Hologic Inc Xlear Inc Minerva Surgical American Bar Association

Supreme Court Developments in Intellectual Property Law | Dunlap Bennett & Ludwig PLLC

To embed, copy and paste the code into your website or blog: The past year has brought with it many changes, and the tumultuous realm of intellectual property law is no exception. From a pair of holdings that made copyright claims more difficult when the government is involved on either side to an anticipated reexamination of an old doctrine of patent law, the pandemic has not prevented the Supreme Court from further refining the field of intellectual property law. In a holding that hits partic...
United States Justice Thomas College Savings Bank Supreme Court Minerva Surgical Inc See Hologic Inc

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Xlear Announces Registration of National Wash Your Nose Day

Xlear Announces Registration of National Wash Your Nose Day Global Leader in Xylitol-Based Sinus Care Products Highlights the Importance of Nose Washing for Nasal Hygiene News provided by Share this article AMERICAN FORK, Utah, March 11, 2021 /PRNewswire/ --  Xlear, Inc. a global leader in creating award-winning natural, convenient, xylitol-based sinus care products, announces today the registration of National Wash Your Nose Day, a day recognized on March 11, the one-year anniversary of the ...
United States Kristina Avena Nathan Jones National Wash Your Nose Day World Health Organization Xlear Inc

SCOTUS Ruling in Hologic May Merit Additional Contractual Protections

Wednesday, March 10, 2021 The assignor estoppel doctrine (“AED”) is an equitable doctrine based on the principle of fair dealing that prevents assignors of patent rights, and those in privity with them, from challenging the validity of the assigned rights under many circumstances. The classic fact pattern in which the AED is invoked involves an inventor/assignor assigning his or her patent rights for value and then seeking to invalidate such patent rights when sued for infringemen...
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