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Burden of Proof › License Agreements

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

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

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