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Minerva Surgical Inc. v. Hologic Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
20-440 Fed. Cir. Apr 21, 2021 Jun 29, 2021 5-4 Kagan OT 2020

Holding: The well-grounded patent law doctrine of assignor estoppel applies only when the assignor’s claim of invalidity contradicts explicit or implicit representations the assignor made in assigning the patent.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kagan on June 29, 2021. Justice Alito filed a dissenting opinion. Justice Barrett filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 30 2020Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 14 2020Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
Nov 05 2020Brief of respondents Hologic, Inc., et al. in opposition filed.
Nov 05 2020Brief amici curiae of Intellectual Property Professors filed.
Nov 05 2020Brief amicus curiae of Engine Advocacy filed.
Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
Nov 24 2020Rescheduled.
Nov 24 2020Reply of petitioner Minerva Surgical, Inc. filed.
Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021Petition GRANTED.
Feb 22 2021Brief of petitioner Minerva Surgical, Inc. filed.
Feb 22 2021Joint appendix volumes 1 and 2 with supplemental appendix filed. (Statement of costs filed)
Feb 22 2021Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
Feb 25 2021Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Feb 26 2021Brief amicus curiae of Engine Advocacy filed.
Mar 01 2021Brief amici curiae of Intellectual Property Law Professors filed.
Mar 01 2021Brief amicus curiae of Intellectual Property Owners Association filed in support of neither party.
Mar 01 2021Brief amicus curiae of American Intellectual Property Law Association filed in support of neither party.
Mar 01 2021Brief amicus curiae of United States in support of neither party filed.
Mar 01 2021Brief amicus curiae of New York City Bar Association in support of neither party filed.
Mar 12 2021SET FOR ARGUMENT on Wednesday, April 21, 2021.
Mar 15 2021Record requested.
Mar 24 2021Brief of respondents Hologic, Inc., et al. filed.
Mar 26 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30 2021CIRCULATED
Mar 31 2021Brief amicus curiae of United Therapeutics Corp. filed. (Distributed)
Mar 31 2021Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Mar 31 2021Brief amici curiae of Leading Technology Composites, Inc. and Clarkwestern Dietrich Building Systems LLC filed. (Distributed)
Apr 05 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 07 2021Reply of petitioner Minerva Surgical, Inc. filed. (Distributed)
Apr 21 2021Argued. For petitioner: Robert N. Hochman, Chicago, Ill. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew M. Wolf, Washington, D. C.
Jun 29 2021Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion. Barrett, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined.
Aug 02 2021JUDGMENT ISSUED.