Employment Law Report

By: Stephen C. Hall

When the innovators of a new medical device made their invention in 1998, they may have hoped to sell the technology to a larger company, but they probably didn’t anticipate that doing so would lead to a Supreme Court case twenty-three years later.  Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298, (June 29, 2021).  The Supreme Court opinion limited how far an assignor of technology can go in challenging the patent rights in later patent infringement litigation filed against it, but it did acknowledge an assignor’s ability to use the invalidity defense in certain ways.  The excerpts provided here relate to practical applications of this case in an IP transaction context and are from a presentation by Steve Hall on December 2, 2021.