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Home / DC Report / Justices take up patent burden of proof (access required)

Justices take up patent burden of proof (access required)

WASHINGTON — In a case that could have a significant impact on patent litigation, the justices of the U.S. Supreme Court seemed disinclined to shift the burden of proof onto patent licensees to prove non-infringement in declaratory judgment actions. During oral arguments Tuesday in Medtronic Inc. v. Boston Scientific Corp., No. 12-1128, several justices indicated a ...

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