MINERVA SURGICAL, INC., v. HOLOGIC, INC., et al., Docket Nos. 20-440, amicus brief filed 3/1/2021 March 1, 2021

File Downloads

All documents are in PDF format.

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.

Click here to view the brief

Upcoming Events

  • 2023 AM IP Practice in Japan Pre-Meeting - National Harbor, MD

    October 17 to 18, 2023

    The Pre-Meeting is open to all and is a great event for networking with colleagues from Japan. There is an additional cost to attend the Reception and Dinner for IP Practice in Japan Committee TBD Restaurant, at 6:30 pm on Tuesday. Note: You must be registered for the 2023 Annual Meeting to register for this event.
  • AIPLA 2023 Annual Meeting

    October 19 to 21, 2023

    To be held at the Gaylord National Resort and Convention Center in National Harbor, MD. More information coming soon! Registration is Now Open!
  • 2024 AIPLA Corporate Practice Institute

    January 9 to 16, 2024

    Tuesday, January 9, 12:00 Noon - 5:00 PM - and Tuesday, January 16, 12:00 Noon - 5:00 PM -- The Corporate Practice Institute is a virtual event will take place on the 2nd and 3rd Tuesday of January, and will consist of 60 minute Sessions with 30 minute breaks in between. Each evening will end with an online networking event. Program Coming soon! Special registration rates for in-house corporate practitioners.