I've previously written about the Minerva assignee estoppel case, currently pending at the Supreme Court: here.
In case you don't have time to read my article, I've summarized the parties' arguments in the following short poem.
Patent Assignor:
In daytime, I write up the patents.
By nighttime, the patents are sold.
The buyer asserts them against me.
Can't challenge validity, I'm told.
But now the Supreme Court will help me.
Sellers can take patents down.
Your patent is really worth nothing.
The buyer has only a frown.
Patent Assignee:
Now that we bought up the patent,
The seller infringes, that's cold.
We'll sue, infringement, to stop them.
Can't challenge validity, we're told.
Supreme Court has taken the question.
Can seller undo what it sold?
Prior courts have settled the matter.
Can't change law that is already old.
U.S. Government:
Both sides to the question have merit.
The cases on this are quite old.
But what if the buyer has changed it,
Beyond what the seller has sold?
In cases of change, there's an answer.
This, we think you should hold
The seller can challenge the patent.
And delete the patent from all scrolls.
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