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IP Alert: Supreme Court Reverses Federal Circuit; Burden of Proof on Patentee in Declaratory Judgment Actions

January 22, 2014

Update: Today, in a unanimous decision, the U.S. Supreme Court reversed the Court of Appeals for the Federal Circuit. In Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Court held "when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of proving infringement remains with the patentee."

Fitch Even attorneys are reviewing the decision and will provide a more detailed analysis in a subsequent alert.


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