04/21/2021

Teague Donahey Shares Insights on Supreme Court's Posture on "Assignor Estoppel" Doctrine in Minerva Surgical Case

Holland & Hart IP litigation attorney Teague Donahey shares insights with several media outlets on how the Supreme Court may lean on limiting assignor estoppel doctrine in the Minerva Sugical Inc. v. Hologic Inc. patent case, based on oral arguments held April 21. Donahey shared with IPwatchdog, “The justices raised a variety of different approaches and viewpoints during oral argument. But in the end, the overall tenor of the discussions seemed to suggest that Hologic’s stare decisis and judicial restraint arguments would carry the day and that assignor estoppel in some form would survive—perhaps with limiting principles along the lines of what the Solicitor General had proposed.” He also shared insights with Thomson Reuters Westlaw Today, saying he “expects a divided court. But the majority appears likely to uphold assignor estoppel in some form."

Click here to read IPwatchdog’s April 21 article titled, “Justices Lean Toward Limiting, Not Eliminating, Assignor Estoppel Doctrine in Minerva v. Hologic.”

Click here to read the Thomson Reuters Westlaw Today April 26 article titled, “Supreme Court will limit assignor estoppel, not get rid of it, attorneys say.”

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