MINERVA SURGICAL, INC., v. HOLOGIC, INC., et al., Docket Nos. 20-440, amicus brief filed 3/1/2021
On March 1, 2021, AIPLA filed an amicus brief in the Supreme Court case Minerva v. Hologic (Case No. 20-440) where the issue presented was “[w]hether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.” AIPLA’s brief generally supported keeping the doctrine of assignor estoppel without supporting either party’s position, but allowing for certain exceptions consistent with the findings in Westinghouse Elec. & Mfg. Co. v. Formica Insulation Co., 266 U.S. 342, 348 (1924). The brief distinguished assignor estoppel from the doctrine of licensee estoppel that was abolished in Lear, Inc. v. Adkins, 395 U.S. 653 (1969), and also outlined the profound risks and cloud of uncertainty around assigned patents that might occur should the Court abolish assignor estoppel.
Upcoming Events
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World IP Day 2023
April 26, 2023 4:00 PM to 7:00 PM | No CLE
Join the United States Patent and Trademark Office (USPTO) and partner organizations for a special three-hour program to celebrate World Intellectual Property Day 2023. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “Women and IP: Accelerating Innovation and Creativity.” -
16th Annual Design Day
May 4, 2023 10:00 AM to 5:00 PM
Join us for an in-person or virtual day of lively and thought-provoking discussion about various aspects of design patents, hosted at the United States Patent and Trademark Office (USPTO). Get insights from USPTO design managers, design patent practitioners, and industrial designers. No CLE credit is offered for attendance. -
AIPLA 2023 Spring Meeting
May 10 to 12, 2023
Join us for a great program at the Westin Seattle in Seattle, WA. Educational and Networking events are May 10-12. AIPLA Board and Leadership Meetings are May 9.