Client Alerts

Justices Lean Toward Limiting, Not Eliminating, Assignor Estoppel Doctrine in Minerva v. Hologic

In the News
IPWatchdog

Director William H. Milliken was quoted in the article "Justices Lean Toward Limiting, Not Eliminating, Assignor Estoppel Doctrine in Minerva v. Hologic," published by IPWatchdog. Will provided the following commentary on the oral arguments held before the Supreme Court in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC:

"'Based on the questions we heard at the Court today, most of the justices appear to be searching for a fair and workable way to constrain the doctrine of assignor estoppel—not a reason to overrule it completely. The Solicitor General’s proposed middle ground, in particular, received a great deal of attention during all three rounds of questioning. However, a few justices (Justice Thomas and Justice Gorsuch, in particular) expressed some discomfort with any form of assignor estoppel, given the Supreme Court’s prior criticisms of it, and its lack of textual footing in the 1952 Patent Act.'"