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2021-6-15 HOU-The Future of the Assignor Estoppel Doctrine in Patent Validity Ch

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LES Webinar: The Future of the Assignor Estoppel Doctrine in Patent Validity Challenges: Minerva Surgical, Inc. v. Hologic, Inc.

The doctrine of assignor estoppel prevents a party who assigned a patent to another from later challenging the validity of the assigned patent in district court. Currently, assignor estoppel remains a defense to invalidity in district court, yet, assignor estoppel does not preclude an alleged infringer from challenging the validity of asserted patents in an inter partes review (IPR) proceeding. The Patent Trial and Appeal Board (PTAB) rules effectively grant assignors a pathway to skirt the assignor estoppel doctrine by challenging patent validity in IPR proceedings rather than in district court. Join us as Kimberlynn Davis presents on the latest developments in Minerva Surgical, Inc. v. Hologic, Inc. currently before the Supreme Court, the outcome of which should resolve the forum-based discrepancies that exist in applying the assignor estoppel doctrine.

 

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