November 6, 2013 - On late Tuesday morning, the Supreme Court heard oral arguments in Medtronic v. Boston Scientific to determine whether, in a declaratory judgment action brought by a patent licensee, the patent owner bears the burden to prove infringement (as is the case in all other patent litigation), or whether instead the licensee bears the burden to prove that its products do not infringe the licenced patent...
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Topics: Burden of Persuasion, Declaratory Judgment Act, Infringement, Medtronic v Boston Scientific, Medtronics, Patents, SCOTUS
Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Intellectual Property Updates, Science, Computers & Technology Updates