Lewis Roca Blog

In a 5-4 decision written by Justice Kagan (joined by Chief Justice Roberts and Justices Breyer, Sotomayor and Kavanaugh) in Minerva Surgical, Inc. v. Hologic, Inc. (June 29, 2021), the Supreme Court reined in the doctrine of assignor estoppel.

The Supreme Court today resolved a long-standing circuit split, unanimously holding that willfulness is not a requirement for an award of profits in a trademark infringement lawsuit. The case is Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233 (April 23, 2020).