No. 20-440October Term 2020Decided Jun 29, 2021Updated Sep 6, 2026
Minerva Surgical v. Hologic
Minerva Surgical, Inc. v. Hologic, Inc.
Assignor estoppel remains in place, but it applies only when an invalidity challenge contradicts the assignor’s earlier representations.
Case status
Decided 5-4 · June 29, 2021 · Opinion by Justice Kagan
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Jun 29, 2021
- What it's about
This case asked whether an inventor who assigned patent rights, and a company founded by that inventor, could later defend against an infringement suit by arguing that the patent was invalid. The Court kept the doctrine of assignor estoppel but limited it, holding that it bars an invalidity defense only when the challenge contradicts representations the assignor made when transferring the patent.
Question presented
The question is whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
- Case path
United States Court of Appeals for the Federal Circuit / Decision released Jun 29, 2021
- Area
Decided Supreme Court case
Decision
What the Court decided
Assignor estoppel remains in place, but it applies only when an invalidity challenge contradicts the assignor’s earlier representations.
Impact
The decision affects inventors and businesses that sell patent rights and later face infringement suits. For example, a founder’s new company may sometimes challenge a transferred patent, depending on what the founder represented in the sale.
Not official Court text.
Vote
- Vote split
- 5-4
- Majority author
- Elena Kagan
Majority
- Elena Kagan(author)
- John G. Roberts, Jr.
- Stephen G. Breyer
- Sonia Sotomayor
- Brett M. Kavanaugh
Dissenting
- Samuel A. Alito, Jr.(author)
- Amy Coney Barrett(author)
- Clarence Thomas
- Neil Gorsuch
Opinion documents
Briefing
What it's about
The Court kept assignor estoppel (a rule that can prevent a patent seller from later challenging that patent) but narrowed it. It blocks an invalidity defense only when the challenge conflicts with representations made when the patent was transferred.
Vote
Impact
The decision affects inventors and businesses that sell patent rights and later face infringement suits. For example, a founder’s new company may sometimes challenge a transferred patent, depending on what the founder represented in the sale.
What's next
The Court has finished this case. Patent infringement disputes involving former patent owners must apply the Court’s narrower approach.
What did the Supreme Court rule in Minerva Surgical?
The Court kept assignor estoppel but limited it. The rule applies only when an invalidity defense contradicts representations made during the patent transfer.
Who does Minerva Surgical affect?
It affects inventors, patent buyers, and companies founded by former patent owners. Their ability to raise invalidity defenses depends on the earlier transfer representations.
What happens next after Minerva Surgical?
The Supreme Court has finished the case. Lower courts must use the narrower assignor-estoppel rule in relevant patent infringement disputes.
Is assignor estoppel still the law after Minerva Surgical?
Yes. The Court kept the doctrine, while limiting it to challenges that conflict with an assignor’s representations when transferring the patent.
Timing
Decided June 29, 2021
The Court released its decision on June 29, 2021 without hearing oral argument.
Documents
Activity
Docket activity4
AI analysis generated: Case Briefing
Sep 6, 2026 | Generated
Brief added: Questions Presented
May 26, 2026 | Court records
Opinion added: opinion
Jun 29, 2021 | Court records
Brief added: Petition
Sep 30, 2020 | Court records
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 6, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 20-440
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 26, 2026
Opinion
opinion | Jun 29, 2021
Petition
brief | Sep 30, 2020
SupremeCourt.gov
official | Sep 6, 2026
SupremeCourt.gov
official | Sep 6, 2026
SupremeCourt.gov
official | Sep 6, 2026
SupremeCourt.gov
official | Sep 6, 2026