LexisNexis® Legal Newsroom
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...