Arbitrating patent disputes can significantly reduce the time to final resolution.
Arbitration affords the parties the opportunity to appoint arbitrators with practical patent knowledge and experience, relevant technical education, particular industry experience and/or other preferred qualifications.
Patent infringement and validity can be resolved by arbitration. Patent arbitration provides numerous advantages over litigation for both patent holders and accused infringers. In this series, we address the significant benefits of arbitrating patent disputes.
Assignees Need More Certainty Than Is Provided By The Doctrine Of Assignor Estoppel Under The Supreme Court’s Holding In Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC
The U.S. Supreme Court in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC limited the scope of assignor estoppel, holding that it “should apply only when its underlying principle of fair dealing comes into play” and only when “an invalidity defense … conflicts with an explicit or implicit representation made in assigning patent rights.”