High Court Could Put Patent Burden Of Proof On Licensees

Law360, New York (May 20, 2013, 9:44 PM EDT) -- The U.S. Supreme Court could establish clear rules on whether patent owners always have the burden of proving infringement, having agreed Monday to hear Medtronic Inc.'s appeal of a ruling that the burden falls on license holders when a patentee is barred from alleging infringement, attorneys say.

While courts have generally held that the burden of proof falls on the patentee, the Federal Circuit held that there is an exception to that rule when a licensee seeks declaratory judgment that it does not infringe and a...
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