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Minerva V Hologic: Assignor Estoppel Doctrine Retained, But Limited | Haug Partners LLP

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

Assignor Estoppel is Alive and Well after Minerva v Hologic | Buckingham, Doolittle & Burroughs, LLC
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Supreme Court Retains Doctrine of Assignor Estoppel, But With Limits | McDonnell Boehnen Hulbert & Berghoff LLP

To embed, copy and paste the code into your website or blog: The Supreme Court, speaking through a five-justice majority, has reaffirmed the equitable principle of assignor estoppel while at the same time limiting its application in Minerva Surgical, Inc. v. Hologic, Inc.  Assignor estoppel prohibits an inventor or other owner of rights in a patent from selling that patent to another party, then practicing the invention while attempting to avoid infringement liability by claiming the patent was invalid from the start.  The Minerva majority found that the doctrine was well-established in the law and thus was unwilling to abandon it.  However, consistent with the equitable nature of the doctrine, the Court limited the doctrine to those instances where the assignor could be fairly understood to have warranted (either expressly or implicitly) the validity of the claims ultimately issued.  Thus, in many circumstances – such as when an inventor assigns rights to a patent applica

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