January 22, 2014
Update: Today, in a unanimous decision, the U.S. Supreme Court reversed the Court of Appeals for the Federal Circuit. In Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Court held "when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of proving infringement remains with the patentee."
Fitch Even attorneys are reviewing the decision and will provide a more detailed analysis in a subsequent alert.
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