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