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Expert Analysis

How Supreme Court's Medtronic Ruling May Impact Licenses

Law360, New York ( February 7, 2014, 6:13 PM EST) -- ​On Jan. 22, 2014, the U.S. Supreme Court ruled in Medtronic Inc. v. Mirowski Family Ventures LLC regarding the burden of proving infringement in a declaratory judgment patent case. In overturning a Federal Circuit decision in favor of Mirowski, the Supreme Court unanimously ruled that the burden of persuasion is with the patentee, just as it would be had the patentee brought an infringement suit....

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