Minerva Surgical Inc. v. Hologic Inc.

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

Justices uphold a narrow version of patent assignor estoppel (Eric M. Fraser, July 1, 2021)
Justices uphold but narrow patent assignor estoppel (Eric M. Fraser, June 29, 2021)
Doctrinal dinosaur or stare decisis? Justices wrestle with patent-law precedent. (Eric M. Fraser, April 23, 2021)
Court to decide whether an inventor may challenge the validity of the patent on the inventors own invention (Eric M. Fraser, April 20, 2021)
Justices grant review in 14 new cases but dont act on hot-button issues (Amy Howe, January 9, 2021)
Petitions of the week: Telework taxation, a Kentucky abortion law, background checks at traffic stops and more (Andrew Hamm, December 4, 2020)

Date	Proceedings and Orders (key to color coding)
09/30/2020	Petition for a writ of certiorari filed. (Response due November 5, 2020)
10/14/2020	Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
11/05/2020	Brief of respondents Hologic, Inc., et al. in opposition filed.
11/05/2020	Brief amici curiae of Intellectual Property Professors filed.
11/05/2020	Brief amicus curiae of Engine Advocacy filed.
11/24/2020	DISTRIBUTED for Conference of 12/11/2020.
11/24/2020	Rescheduled.
11/24/2020	Reply of petitioner Minerva Surgical, Inc. filed.
12/09/2020	DISTRIBUTED for Conference of 1/8/2021.
01/08/2021	Petition GRANTED.
02/22/2021	Brief of petitioner Minerva Surgical, Inc. filed.
02/22/2021	Joint appendix volumes 1 and 2 with supplemental appendix filed. (Statement of costs filed)
02/22/2021	Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
02/25/2021	Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
02/26/2021	Brief amicus curiae of Engine Advocacy filed.
03/01/2021	Brief amici curiae of Intellectual Property Law Professors filed.
03/01/2021	Brief amicus curiae of Intellectual Property Owners Association filed in support of neither party.
03/01/2021	Brief amicus curiae of American Intellectual Property Law Association filed in support of neither party.
03/01/2021	Brief amicus curiae of United States in support of neither party filed.
03/01/2021	Brief amicus curiae of New York City Bar Association in support of neither party filed.
03/12/2021	SET FOR ARGUMENT on Wednesday, April 21, 2021.
03/15/2021	Record requested.
03/24/2021	Brief of respondents Hologic, Inc., et al. filed.
03/26/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/30/2021	CIRCULATED
03/31/2021	Brief amicus curiae of United Therapeutics Corp. filed. (Distributed)
03/31/2021	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
03/31/2021	Brief amici curiae of Leading Technology Composites, Inc. and Clarkwestern Dietrich Building Systems LLC filed. (Distributed)
04/05/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/07/2021	Reply of petitioner Minerva Surgical, Inc. filed. (Distributed)
04/21/2021	Argued. 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.
06/29/2021	Judgment 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.
08/02/2021	JUDGMENT ISSUED.