Supreme Court Reins In But Does Not Kill Patent Law's Assignor Estoppel
Federal Circuit has expanded the equitable doctrine too far, a 5-4 majority rules. Employees ought to be able to join new companies without undermining potential patent defenses, Justice Elena Kagan rules over dissents from Barrett and Alito.
June 29, 2021 at 11:31 AM
6 minute read
U.S. Supreme Court Justice Elena Kagan forged a 5-4 majority for preserving, but limiting, the doctrine of assignor estoppel. (Photo: Diego M. Radzinschi/ALM) The U.S. Supreme Court has rejected a bid to do away with patent law's doctrine of assignor estoppel, despite a 1969 opinion that was widely read as hinting its demise.
But the court on Tuesday reined in the equitable rule, which says inventors who sell their inventions may not then turn around and attack their validity in court.
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