Patent Holders Should Bear Burden Of Proof, High Court Told

Law360, New York (July 31, 2013, 5:31 PM EDT) -- Medtronic Inc. told the U.S. Supreme Court on Friday that a licensee that sues a patent holder claiming noninfringement and invalidity should not bear the burden of proof, saying it instead should be placed on the patent holder to prove infringement.

Medtronic filed a merits brief in its appeal of a Federal Circuit ruling that gave it the burden of proof as a licensee of two Boston Scientific Corp. patents to prove noninfringement in a declaratory judgment action, in part because Boston Scientific was barred from...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.