IP Group Asks High Court To Keep Burden On Licensees

Law360, New York (September 25, 2013, 6:40 PM EDT) -- The Intellectual Property Owners Association said Monday that the burden to prove a patent is either invalid or not infringed falls upon the licensee and not the patent owner, coming out against Medtronic Inc. in its closely watched U.S. Supreme Court appeal. 

The IPO filed an amicus brief supporting the Federal Circuit's September decision against Medtronic in a case involving defibrillator patents it licensed from Boston Scientific Inc. The federal appeals court correctly determined that a licensee challenging a patent's validity bears the burden of proof,...
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