Justices Wary Of Putting Burden Of Proof On IP Licensees

Law360, New York (November 5, 2013, 7:29 PM EST) -- The U.S. Supreme Court appeared skeptical Tuesday of the argument that companies should bear the burden of proof when they sue to invalidate patents they have licensed, with several justices saying they saw no reason to disturb the general rule that patentees must prove infringement.

The high court heard oral arguments in a case in which Medtronic Inc. is challenging a Federal Circuit decision that it had the burden of proving that it did not infringe patents it had licensed from Mirowski Family Ventures LLC, since...
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