Thomas P. McNulty & Peter C. Lando
An article entitled “The Latest on Patent Assignor Estoppel; Federal Circuit Provides Guidance on Remand” by Thomas P. McNulty and Peter C. Lando was published by IEEE Boston in the December 2022 issue of the Digital Reflector.
The Supreme Court’s 2021 Minerva Surgical, Inc. v. Hologic, Inc. decision limited the application of the doctrine to circumstances where an invalidity claim contradicts and explicit or implicit representation by the assignor that the assigned patent was valid…
…The Federal Circuit has now on remand found that assignor estoppel applies, precluding Minerva from challenging the validity or enforceability of the patent-in-suit.
Read the full article in the Digital Reflector: here.
This article is a follow-up to an April 2022 article, “A Potential and Unintended Consequence of ‘Routine’ Patent Assignments,” by the same authors. Read the original article: here.
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