Burden Of Proof For Patent Licensees Debated At Supreme Court

Burden Of Proof For Patent Licensees Debated At Supreme Court

WASHINGTON, D.C. - 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 the U.S. Supreme Court on Nov. 5 (Medtronic Inc. v. Boston Scientific Corp., et al., No. 12-1128, U.S. Sup.).

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