High Court Takes On Declaratory Judgment Burden Of Proof

Law360, New York (May 20, 2013, 12:27 PM EDT) -- On May 20, 2013, the U.S. Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (docket no.: 12-1128), which questions whether a declaratory judgment plaintiff (here a licensee) suing for a noninfringement declaration bears the burden of proving noninfringement.

In traditional patent infringement cases where the patentee sues the putative infringer or where the putative infringer files a declaratory judgment for noninfringement, the patentee in both circumstances bears the burden of proving infringement. In the underlying case, the Federal Circuit Court of...
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