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Evidence › Burden of Proof › Infringement

McNees Wallace & Nurick LLC

Supreme Court Rules Patentee Always Bears Burden of Proving Infringement

McNees Wallace & Nurick LLC on

In its first intellectual property ruling of the current term, the Supreme Court unanimously held on January 22, 2014 in Medtronic, Inc. v. Mirowski Family Ventures LLC that a patentee always bears the burden of proving...more

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP on

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

Morrison & Foerster LLP

Supreme Court Unanimously Holds Burden of Proving Infringement Does Not Shift to Licensees in Declaratory Judgment Actions

Morrison & Foerster LLP on

The Supreme Court's decision last week in Medtronic v. Mirowski Family Ventures, LLC clarifies once again that patent holders bear the burden of proving patent infringement—even in declaratory judgment actions brought by...more

BakerHostetler

Patent Watch: Cephalon, Inc. v. Watson Pharms., Inc.

BakerHostetler on

On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more

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