Burden Of Proof On Patent Licensees, High Court Told

Law360, New York (September 19, 2013, 6:32 PM EDT) -- Patent licensees claiming invalidity and noninfringement should bear the burden of proof because they are the ones seeking relief, Mirowski Family Ventures LLC told the U.S. Supreme Court on Monday, urging the justices to reject Medtronic Inc.'s argument that patentees have the burden in such cases.

Medtronic is appealing a Federal Circuit ruling that it has the burden of proof in a case where it is challenging defibrillator patents it licensed from Mirowski. Medtronic claims the decision departs from the rule that the burden of proof...
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