How Supreme Court's Medtronic Ruling May Impact Licenses
February 7, 2014, 6:13 PM EST
Law360, New York (February 7, 2014, 6:13 PM EST) -- On Jan. 22, 2014, the U.S. Supreme Court ruled in Medtronic Inc. v. Mirowski Family Ventures LLC regarding the burden of proving infringement in a declaratory judgment patent case. In overturning a Federal Circuit decision in favor of Mirowski, the Supreme Court unanimously ruled that the burden of persuasion is with the patentee, just as it would be had the patentee brought an infringement suit.
Mirowski owns patents relating to implantable heart stimulators and licensed those patents to Medtronic. After Mirowski alleged infringement by Medtronic, Medtronic...