Burden of Proof in a Declaratory Judgment Action by a Patent Licensee in Good Standing (PDF)
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In Medtronic, Inc. v. Boston Scientific Corp., the Court will decide which party bears the burden of proof in such a proceeding. In other words, must the patentee prove that the licensee's products are within the scope of the patent, or must the licensee prove the contrary? The decision in this case will have a significant impact on patent licensing and litigation strategies.
Mary LaFrance is the IGT Professor of Intellectual Property Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Prior to joining the Boyd School of Law, Professor LaFrance served on the faculty of the Florida State University College of Law and the Florida State University School of Motion Pictures, Television, and Recording Arts. She is the author of numerous books and law review articles on domestic and international intellectual property law, as well as the taxation of intellectual property. Her books include Intellectual Property Cases and Materials (West 3d ed. 2007) (with David Lange and Gary Myers), Understanding Trademark Law (Matthew Bender 2d ed. 2009), Copyright Law in a Nutshell (West 2008), Global Issues in Copyright Law (West 2009), and Understanding Intellectual Property Law (Mathew Bender 2011) (with Donald Chisum, Tyler Ochoa, and Shubha Ghosh).
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