High Court Takes Up Medtronic Patent Burden Of Proof Case

Law360, New York (May 20, 2013, 1:56 PM EDT) -- The U.S. Supreme Court on Monday agreed to hear Medtronic Inc.'s appeal of a Federal Circuit ruling that a licensee who sues a patent holder claiming invalidity and noninfringement bears the burden of proof if the license prohibits counterclaims for infringement.

Medtronic said in its cert petition that the ruling, which vacated a finding that the company did not infringe defibrillator patents licensed to Boston Scientific Corp., represents a "fundamental departure" from the settled principle that the burden of proof always falls on the patentee....
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