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Supreme Court of the United States › Medtronic

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Butler Snow LLP

Can What the Supreme Court Said About Device Clearance in Lohr, a “Derelict on the Waters of the Law,” Finally Be Sunk?[1]

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Even though they are still quoted, statements in Medtronic v. Lohr, which question whether FDA (Food & Drug Administration) medical device clearance is a judgment about a device’s safety, no longer accurately describe what...more

Faegre Drinker Biddle & Reath LLP

California’s Parallel State Law Duty to Report Adverse Events to U.S. Food and Drug Administration Cannot Be Reconciled with Legal...

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Earlier this year, the California Court of Appeals in Mize v. Mentor Worldwide LLC, 51 Cal.App.5th 850 (2020), reversed a trial court’s dismissal of failure to warn and other claims against a medical device manufacturer,...more

Nutter McClennen & Fish LLP

Supreme Court Ruling on at Least Five Patent-Related Cases

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To date, the Supreme Court has granted certiorari (commonly referred to as cert) to five patent-related cases this term, which will result in three oral arguments likely to be decided before the end of the term. Two of the...more

BakerHostetler

Federal Circuit Tasked With Analyzing Evidence For Proof That Defendant Had the State of Mind Necessary For Induced Infringement

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On January 19, 2016, the Supreme Court issued a grant-vacate-remand order in a dispute between rival medical device companies Medtronic and NuVasive. The order directs the Federal Circuit to revisit its decision in light of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2014: #14 to #11

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After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Saul Ewing LLP

False claims by any other name: Medtronic and Omnicare cases illustrate the interplay between the False Claims Act and other...

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- Government allegations of Medtronic’s alleged incentives to physicians for prescribing its medical devices lead company, while denying wrongdoing, to settle False Claims Act suit predicated on Anti-Kickback Statute. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Reinforces Need for Robust Adverse Event Reporting Process

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On June 23, 2014, the United States Supreme Court denied certiorari in Medtronic, Inc. v. Stengel, leaving in place the Ninth Circuit's en banc decision permitting a failure-to-warn claim against a pre-market approval (PMA)...more

Carlton Fields

Supreme Court Helps Level The Playing Field For Patent Infringement Defendants

Carlton Fields on

When facing a patent litigation threat, potential defendants have the option to seek a declaration that they are not infringing. Until recently, however, that strategy carried a hidden risk: the burden of proof on the...more

Moore & Van Allen PLLC

The ‘‘Burden’’ of Patent Infringement: Supreme Court Holds That Burden of Proof Remains With Patentee Even in Declaratory Judgment...

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The Supreme Court of the United States has made it clear that the traditional canons of litigation — including those involving jurisdiction and which party bears the burden of proof — hold true in patent cases, even those...more

Knobbe Martens

Federal Circuit Review - February 2014

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Defendant Bears Burden of Proof in Declaratory Judgment Case - In Medtronic, Inc. v. Mirowski Family Venture, LLC, Appeal No. 12-1128, the Supreme Court reversed the Federal Circuit’s determination that the burden of...more

Moore & Van Allen PLLC

The Burden is on You: A Defendant Patent Holder Still Bears the Burden of Proving Infringement in a Declaratory Judgment Action...

Moore & Van Allen PLLC on

For nearly 150 years, it has been established that a patent holder (“patentee”) ordinarily bears the burden of proving infringement. The U.S. Supreme Court’s recent decision in Medtronic v. Mirowski Family Ventures, LLC, 571...more

McDermott Will & Emery

Unanimous Supreme Court to Federal Circuit: Burden of Proof on Infringement on Patentee, Even in Declaratory Judgment - Medtronic,...

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A unanimous Supreme Court of the United States, in a decision authored by Justice Breyer, reversed the U.S. Court of Appeals for the Federal Circuit, holding that the patentee bears the burden of persuasion on the issue of...more

McNees Wallace & Nurick LLC

Supreme Court Rules Patentee Always Bears Burden of Proving Infringement

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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

Eversheds Sutherland (US) LLP

Patent Owners’ Heavy Burdens: Proof of Infringement

Eversheds Sutherland (US) LLP on

The U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit in a unanimous opinion in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, on January 22, 2014, holding that patent owners bear...more

McDermott Will & Emery

Unanimous Supreme Court: Burden of Proof on Infringement Always on Patentee

McDermott Will & Emery on

In terms of the question presented, the Supreme Court of the United States answered that when a licensee seeks declaratory judgment against a patentee, asserting that its products do not infringe the licensed patent, “the...more

Foley & Lardner LLP

Supreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment Action

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In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Medtronic, Inc. v. Mirowski Family Ventures, LCC (2014)

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Earlier today, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Supreme Court held that "when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Curiae Briefs in Medtronic v. Boston Scientific – Legal Scholars Support Medtronic; Tessera Supports Vacatur and Remand

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The Supreme Court will hear oral arguments in Medtronic Inc. v. Boston Scientific Corp. on Tuesday, November 5, 2013. The sole issue to be determined is whether the burden of proof shifts in a declaratory judgment action...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Curiae Briefs in Support of Federal Circuit Opinion in Medtronic Inc. v. Boston Scientific Corp.

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"In the modern economy, licensing of intellectual property rights is a widespread and essential activity." Those are the opening lines from the amicus curiae brief submitted by the Intellectual Property Owners Association...more

McDonnell Boehnen Hulbert & Berghoff LLP

United States Weighs-In on the Medtronic Case

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As we previously reported, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case, where the sole issue on appeal is whether the burden of proof shifts in a declaratory judgment action...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

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On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented...more

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