Currently viewing the tag: "MedImmune v. Genentech"

 

Typically in patent litigation, the patent holder bears the burden of proving that the defendant infringed.  The Federal Circuit recently created a limited exception to that rule in Medtronic, Inc. v. Boston Scientific Corp. (Fed. Cir. 2012) (PDF). It held that when a licensee in good standing seeks a declaratory judgment of non-infringement, [...]

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