May 20, 2013
Today, the U.S. Supreme Court granted a writ of certiorari in Medtronic, Inc. v. Boston Scientific Corp. In this case, the Court will address the question of which party has the burden of proof in a declaratory judgment action brought by a licensee that is seeking a declaration that the underlined patent is not infringed. The Court of Appeals for the Federal Circuit held that the licensee, as the party seeking relief, bears the burden of proof.
Fitch Even attorneys are monitoring the Medtronic case and will report further when the Court has issued this opinion.
Fitch Even IP Alert