Tag Archives: SCOTUS

Supreme Court to Decide Fate of Assignor Estoppel

Photo of Stephanie HatzikyriakouBy Stephanie Hatzikyriakou on Posted in Patents
In Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. April 22, 2020), the Federal Circuit declined the “invitation to ‘abandon the doctrine’ of assignor estoppel” and, after concluding that the district court did not abuse its discretion in applying the doctrine, affirmed the district court’s grant of summary judgment of no invalidity.  Opinion at 16, … Continue Reading

Can a Plaintiff in the United States Recover Foreign Patent Damages?

Photo of Michael GannonBy Michael Gannon on Posted in Patent
In 2018, the U.S. Supreme Court held that a plaintiff was entitled to lost foreign profits under 35 U.S.C. § 284 based on direct acts of infringement in the United States under 35 U.S.C. § 271(f)(2). WesternGeco LLC v. ION Geophysical Corp., 138 S.Ct. 2129 (2018) (WesternGeco). The question is: Did WesternGeco effectively overrule the Federal Circuit’s … Continue Reading

Mission Products v. Tempnology: The Supreme Court Speaks

Photo of C. Dennis LoomisBy C. Dennis Loomis on Posted in Trademark
In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented by this case, namely: If a bankrupt trademark licensor “rejects” an executory trademark license agreement, does that bankruptcy action terminate the licensee’s right to continue using the … Continue Reading
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