LexisNexis® Legal Newsroom
First Circuit, as a Matter of First Impression, Addresses Plaintiff’s Burden for Proving Willfulness of Trademark Infringement

Guitarist Esteban and Home Shopping Network Survive Fishman Transducers' Trademark Lawsuit In late 2006, the Home Shopping Network (HSN) sold about 70,000 "Esteban" guitars that it inaccurately identified as containing Fishman guitar "pickups." Fishman sued for trademark infringement...

Burden of Proof for Patent Licensees Debated at Supreme Court

WASHINGTON, D.C. — (Mealey’s) To uphold findings by the Federal Circuit U.S. Court of Appeals that a patent licensee bears the burden of proving noninfringement “would impair the purpose and utility of the Declaratory Judgment Act,” an attorney for petitioner Medtronic Inc. told...

Supreme Court Reverses Federal Circuit in Patent Licensee Case

WASHINGTON, D.C. — (Mealey’s) A Federal Circuit U.S. Court of Appeals holding that a patent licensee bears the burden of proving noninfringement under the Declaratory Judgment Act was reversed by a unanimous Supreme Court today ( Medtronic Inc. v. Mirowski Family Ventures LLC et al. , No...

Fitch Even IP Alert: Supreme Court Places Burden of Proof on Patentee in Declaratory Judgment Actions

by Brett J. Smith A patentee who brings a patent infringement lawsuit bears the burden of proving infringement by a preponderance of the evidence. Many patent infringement cases arise in the context of a declaratory judgment action, where an accused infringer brings suit and asks the court to declare...