The Intellectual Property Owners Association filed an amicus brief at the U.S. Supreme Court in Minerva Surgical, Inc. v. Hologic Inc. Leason Ellis attorneys Robert Isackson, Melvin Garner, Matthew Kaufman, Lauren Sabol, Henry Gabathuler and Hoda Rifai-Bashjawish drafted the brief. See the brief. IPO’s brief takes the position that: (1) the Supreme Court has endorsed the doctrine of assignor estoppel in patent cases but has provided limited guidance regarding its application; (2) the Federal Circuit law of assignor estoppel follows and fairly implements the Supreme Court’s jurisprudence; (3) assignor estoppel is a doctrine of limited application and scope; (4) assignor estoppel should be implemented as a rebuttable presumption that can be overcome on the equities considering the totality of the circumstances; (5) privity and its equitable factual considerations are the backstop that avoid the parade of horribles raised by those who would abolish assignor estoppel; and (6) an equitable application of assignor estoppel is consistent with the Supreme Court’s abolishment of licensee estoppel.
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