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On Nov. 5, 2013, the Supreme Court heard oral argument in Medtronic, Inc. v. Boston Scientific Corporation. At issue is whether in a declaratory judgment action brought by a licensee under MedImmune, Inc. v. Genentech, Inc., the licensee has the burden to prove that its products do not infringe the patent, or whether the patentee must prove infringement. Based on the Court’s questioning at oral argument, the Court appears poised yet again to reverse the Federal Circuit in a patent case and hold that the patentee bears the burden of proof in such actions.