Medtronic Says Fed. Circ. Botched Burden-Of-Proof Analysis

Law360, New York (October 17, 2012, 10:11 PM EDT) -- Medtronic is urging the Federal Circuit to rehear en banc its dispute with Boston Scientific Corp. over defibrillator patents, based on its claims that the appeals court flouted prior precedent in shifting to the licensee the burden of proving noninfringement in declaratory relief actions.

Medtronic asserts in a petition dated for Thursday that the Federal Circuit erred when it ruled in September that a licensee that sues a patent holder claiming invalidity and noninfringement bears the burden of proof if the license bars counterclaims for infringement....
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