X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.