Fed. Circ. Clarifies Burden Of Proof In Medtronic IP Case

Law360, New York (September 18, 2012, 6:18 PM EDT) -- In reviving a dispute between Medtronic Inc. and Boston Scientific Inc. over defibrillator patents, the Federal Circuit ruled Tuesday that a licensee who sues a patent holder claiming invalidity and noninfringement bears the burden of proof if the license bars counterclaims for infringement.

Medtronic licensed two Boston Scientific patents, and later sued seeking declaratory judgment that they were invalid and not infringed, in an effort to be released from the license. A lower court ruled that as the patentee, Boston Scientific had the burden of proof...
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