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...
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