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No. 20-440October Term 2020Decided Jun 29, 2021Updated Sep 6, 2026

Docket 20-440October Term 2020 (2020–2021)

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
Case Accepted
Arguments
Decision ReleasedJun 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

Decision record

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

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

Justice Kagan wrote the 5–4 opinion, joined by Chief Justice Roberts and Justices Breyer, Sotomayor, and Kavanaugh; Justices Alito, Barrett, Thomas, and Gorsuch dissented.

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.

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