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A Utah-based company is being sued by federal regulators over its alleged claims that a nasal spray prevents and treats COVID-19.

The Federal Trade Commission sued Xlear, Inc.

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 doctrine of assignor estoppel in  Westinghouse Elec. & Mfg. Co. v. Formica Insulation Co., the Cour...

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 differences in both philosophy and patent policy from licensee estoppel, which was abolished by the...

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 particularly close to home for those of us in the legal profession, a five-justice majority ruled that ann...