Monte Cooper

Monte Cooper

Orrick, Herrington & Sutcliffe LLP

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U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

1/28/2014 - Burden of Proof Evidence Genentech Infringement License Agreements MedImmune v Genentech Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents Royalties SCOTUS

Supreme Court Decision May Allow Infringement Plaintiffs to Use a Covenant Not to Sue to Avoid an Invalidity Ruling

In an important intellectual property ruling likely to affect patent law as much as trademark law, the U.S. Supreme Court issued its opinion in Already, LLC v. Nike, Inc., No. 11-982 (U.S. Jan. 9, 2013), unanimously holding...more

1/10/2013 - Burden of Proof Covenant Not to Sue Infringement Nike Patents SCOTUS Trademarks

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