IP at the Supreme Court Series: Minerva Surgical, Inc. v. Hologic, Inc.

April 21, 2021 | 5:00pm EDT

Registration Required
 

American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court. 

ISSUES

Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.

PANELISTS

Vera Elson, Partner at Wilson Sonsini, Counsel for Petitioner Minerva Surgical Inc. v. Hologic Inc.

Vera Elson is an intellectual property litigator and lead trial lawyer with decades of experience handling high-stakes patent cases throughout the U.S. Her background in cybernetics and a Master's degree from UCLA in engineering, along with her years of industry experience designing high-speed circuits, make Vera uniquely suited to help her clients navigate and execute IP enforcement and/or defense strategies in fields such as medical devices, robotics, and hardware and software products.

Robert N. Hochman, Partner at Sidley Austin LLP, Counsel for Petitioner Minerva Surgical Inc. v. Hologic Inc.

Robert N. Hochman co-leads Sidley’s Supreme Court and Appellate practice. Reuters identified Rob as one of a “small group of lawyers with outsized influence at the Supreme Court.” Clients turn to Rob to handle some of the highest priority matters within their organizations. That includes matters involving risk (and potential reward) of many hundreds of millions of dollars, and it also includes advising clients on litigation strategy to promote legal developments favorable to their businesses. His clients reflect a diverse range of industries including computer hardware and software, medical devices, life sciences, banking, insurance and financial services, air and rail transportation, research universities, and others. He has won appeals before the U.S. Supreme Court, state Supreme Courts and federal and state appellate courts covering a broad range of issues, including patent, class actions, antitrust, federal preemption, pleading standards, state tax and regulatory standards, contract disputes, and others.

Jillian Sheridan Stonechipher, Associate at Sidley Austin LLP, Counsel for Petitioner Minerva Surgical Inc. v. Hologic Inc.

Jillian Sheridan Stonechipher is a litigation associate. She has experience representing clients in a wide range of litigation, including appellate and class action litigation, regarding topics such as the First Amendment, trademark, and trade secrets. Prior to joining Sidley, Jillian served as a law clerk for the Honorable Gregg J. Costa of the U.S. Court of Appeals for the Fifth Circuit and for the Honorable Barbara M. G. Lynn, chief judge of the U.S. District Court for the Northern District of Texas.

William Perdue, Counsel at Arnold & Porter Kaye Scholer LLP, Counsel for Respondent Hologic, Inc., Cytyc Surgical Products, LLC

William Perdue focuses his practice on appellate and complex civil litigation. He has represented clients in cases presenting a wide range of issues, including antitrust, banking regulation, intellectual property, administrative law, and foreign sovereign immunity. Prior to joining Arnold & Porter, Mr. Perdue served as a law clerk to the Honorable Anthony M. Kennedy of the United States Supreme Court, the Honorable Robert A. Katzmann of the United States Court of Appeals for the Second Circuit, and the Honorable Jed S. Rakoff of the United States District Court for the Southern District of New York.

Sean Mirski, Associate at Arnold & Porter Kaye Scholer LLP, Counsel for Respondent Hologic, Inc., Cytyc Surgical Products, LLC

Sean Mirski focuses his practice on appellate and international matters. He has assisted clients on issues such as the law of armed conflict, foreign sovereign immunity, the act of state doctrine, the law of the sea, the Helms-Burton Act, and other subjects of public international and foreign relations law. Mr. Mirski has also worked on appeals and dispositive motions relating to areas like products liability, the False Claims Act, attorney's fees, and the Fourth Amendment. Prior to joining Arnold & Porter, Mr. Mirski served as a law clerk to the Honorable Samuel A. Alito, Jr., of the United States Supreme Court and to the Honorable Brett M. Kavanaugh of the United States Court of Appeals for the DC Circuit. He also served as Special Counsel to the General Counsel of the US Department of Defense.

Richard Matthews, Partner at Williams Mullen, Brief Amicus Curiae Of American Intellectual Property Law Association In Support Of Neither Party

Rick Matthews concentrates his practice on intellectual property matters, including patent, trademark, copyright, trade secret, licensing and related litigation. He has represented companies in intellectual property disputes in over 40 states as a first-chair trial attorney and in bet-the-company litigation. He has extensive experience handling every aspect of litigation through trial and appeal. His cases have spanned federal courts across the country and before the Patent Trial and Board (PTAB), International Trade Commission (ITC), Trademark Trial and Appeal Board (TTAB), Fourth Circuit, Sixth Circuit, Federal Circuit and Supreme Court.

ALL BRIEFS AVAILABLE ON SCOTUSblog: Minerva Surgical Inc. v. Hologic Inc. 

Link to Oral Argument Transcript

Link to Event Recording

UPDATE:

Decision:
Argument: