Title

Medtronic, Inc. v. Mirowski Family Ventures, LLC - Post-Decision SCOTUScast

Document Type

Podcast

Publication Date

3-18-2014

Abstract

On January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Boston Scientific Corp. The question in this case was whether, when a declaratory judgment of non-infringement is sought by a patent licensee under the Court’s decision in MedImmune, Inc. v. Genentech, the burden of proof lies with the licensee to prove non-infringement or, as is traditional in patent litigation suits, with the patent owner, to prove infringement.

Justice Breyer delivered the opinion of a unanimous Court, which held that 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. The Federal Circuit’s ruling to the contrary was reversed and the case remanded.

Comments

https://www.fed-soc.org/multimedia/detail/medtronic-inc-v-mirowski-family-ventures-llc-post-decision-scotuscast