Medtronic: Supreme Court Holds that a Patentee Retains the Burden to Show Infringement in a Declaratory Judgment Action Brought by Its Licensee

Fitzpatrick Case Update
January 22, 2014

On January 22, 2014, a unanimous United States Supreme Court reversed a Federal Circuit panel decision and held that a patentee still bears the burden of persuasion on the issue of infringement when its licensee brings a declaratory judgment action alleging no infringement. The Court also held that an action for declaratory judgment of non-infringement presents a federal question, regardless of whether it arose from a dispute between a licensee and licensor. Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128 (Jan. 22, 2014).

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