Supreme Court of United States: While dealing with the issue that whether the burden of proof shifts when the patentee is a respondent in a declaratory judgment action, and the plaintiff seeks a judgment that he does not infringe the patent, the Court held that when a licensee seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of infringement. In the present case, the petitioner was in dispute with the Respondent over the issue that whether the Petitioner’s company infringed Respondent’s patents in making certain pacemakers. The Court thereby ruled in favour of the plaintiff by putting the burden of proving the infringement on the Respondent. [Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12–1128, decided on January 22, 2014]
Posted on: Fri, 24 Jan 2014 12:36:09 +0000
Trending Topics
Recently Viewed Topics
© 2015