US Backs Medtronic In High Court Burden-Of-Proof Case

Law360, New York (August 16, 2013, 8:32 PM ET) -- The federal government recently threw its support behind Medtronic Inc.'s request for the U.S. Supreme Court to overturn a decision that found a licensee that sues a patent holder claiming noninfringement bears the burden of proof.

In an amicus brief filed Aug. 2, U.S. Solicitor General Donald Verrilli Jr. said that the Federal Circuit's September decision "would deter licensees' use of the declaratory judgment mechanism and would disserve sound patent policy." The burden of proof should always fall on the patent owner, the government said. ...
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