Nathan Kelly was quoted in multiple publications regarding the oral arguments around Minerva Surgical, Inc v. Hologic, Inc. heard at the U.S. Supreme Court.

After listening to the oral arguments, Perkins Coie’s Nathan Kelley says, “The government appeared to be the winner at today’s argument. Most of the Justices’ questions tested the government’s proposed two-step test. That narrower version of assignor estoppel would require an arm’s length transaction and a later validity challenge to a pre-existing claim, or an otherwise contradictory representation.

“Much of Minerva’s time was spent answering questions about the government’s test. Several Justices asked about stare decisis with Justice Kagan going the furthest and asking Minerva’s counsel to identify a sufficient justification for overturning precedent. (IP Magazine)

• 04.26+.2021 - Reuters Westlaw Today - “Supreme Court Will Limit Assignor Estoppel, Not Get Rid of it, Attorneys Say”
• 04.23.2021 - Managing IP - “This Week in IP: Germany Wipes Up Litigation, SCOTUS Hears Minerva, Chanel Loses Huawei TM Battle”
• 04.22.2021 - IP Magazine - “Oral arguments Heard in Minerva”
• 04.21.2021 - The National Law Journal* - “Supreme Court May Be Stuck With Patent Doctrine It Never Developed”

*Subscription-based publication