Justices May Raise Bar For Licensees Challenging Patents

By Ryan Davis (November 4, 2013, 8:33 PM EST) -- If the U.S. Supreme Court decides in a case set for argument Tuesday that companies bear the burden of proof when they sue to invalidate patents they have licensed, the added difficulty could discourage such suits and leave potentially overbroad patents unchallenged.

The high court is considering Medtronic Inc.'s appeal of a Federal Circuit decision that when the terms of a license prevent the patent owner from alleging infringement, licensees that challenge the patents in a declaratory judgment suit have the onus of proving that they do not infringe or that the patents are invalid.

In all other types of patent...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!