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Feds Urge Supreme Court to ‘Clarify Contours’ of Patent Doctrine

March 2, 2021, 9:20 PM

The U.S. Supreme Court “should not jettison” a doctrine that bars an inventor who sells his patent rights from later claiming the patent was wrongly issued, but should better explain how it should be applied, the U.S. solicitor general argued in a court filing.

The high court agreed in November to review a U.S. Court of Appeals for the Federal Circuit decision holding that the inventor of a surgical device and his current company, Minerva Surgical Inc., can’t argue two patents on the device are invalid to defeat infringement claims by his former employer Hologic Inc., which now owns ...