Minerva Surgical Inc. can’t challenge the validity of one of Hologic Inc.'s patents because Minerva’s founder was the inventor and previously worked for Hologic, the Federal Circuit ruled Thursday in a case remanded from the US Supreme Court.
The US Court of Appeals for the Federal Circuit applied the doctrine of assignor estoppel—which bars the seller of a patent from later claiming the patent is invalid during litigation—in a precedential opinion. The patent claim asserted by Hologic wasn’t broader than the claim originally assigned by Minerva’s founder, who sold the patent, meaning Minerva isn’t allowed to challenge it, the ...
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