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The Supreme Court recently granted a petition for certiorari to Medtronic, appealing the Federal Circuit’s ruling in Medtronic v. Boston Scientific. In that case, the Federal Circuit held that a licensee who brings a declaratory judgment (DJ) action against a licensor bears the burden of proving non-infringement. The Supreme Court granted cert to clarify the apparent discrepancy between the Medtronic ruling and the Supreme Court’s ruling in MedImmune v. Genentech, which held that a licensee could bring a declaratory judgment action against a licensor while the licensee was still in force.

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