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Declaratory Judgments Infringement Patent Litigation

Foley & Lardner LLP

Declaratory Judgment Claimants: Which Products Are You Saying Don’t Infringe?

Foley & Lardner LLP on

Declaratory judgment plaintiffs and counterclaimants in patent cases have long been accustomed to filing boilerplate claims that either do not identify an accused technology, or that do so in a cursory manner. Noninfringement...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

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

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