Add to ORKGWhen a party accused of patent infringement responds by seeking a declaratory judgment that the patent is invalid or not infringed, the nominal status of the parties is reversed: The patentee (who would have been the plaintiff in any traditional suit) becomes the declaratory judgment defendant, while the accused infringer becomes the plaintiff. When, if ever, does this shift the burden to prove that a product does not infringe a patent? Prof. Gregory Dolin of the University of Baltimore School of Law discussed these issues and the oral argument in Medtronic v. Boston Scientific
MedImmune, Inc. v. Genentech, Inc. asks whether Article III\u27s restriction on the jurisdiction of ...
Increasingly, accused infringers challenge a patent’s validity in two different forums: in litigatio...
This paper addresses the Patent Office\u27s misinterpretation of the Supreme Court\u27s ruling in Di...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corpor...
The United States Supreme Court is scheduled to hear arguments in Medtronic, Inc. v. Boston Scientif...
The Declaratory Judgment Act permits a federal district court to grant relief where an actual contro...
On January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Boston Scientific C...
Patent cases use a preponderance of the evidence standard of proof, unless the validity of a paten...
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judg...
The law is clear that it is the plaintiff-patentee\u27s burden to prove both infringement and damage...
Patents fuel innovation and are becoming an ever-more important form of protection in this technolog...
Alleged patent infringers may bring declaratory judgment actions against patentees when actual contr...
In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory ...
Historically, patent litigation has been viewed and treated primarily as private law litigation, as ...
MedImmune, Inc. v. Genentech, Inc. asks whether Article III\u27s restriction on the jurisdiction of ...
Increasingly, accused infringers challenge a patent’s validity in two different forums: in litigatio...
This paper addresses the Patent Office\u27s misinterpretation of the Supreme Court\u27s ruling in Di...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corpor...
The United States Supreme Court is scheduled to hear arguments in Medtronic, Inc. v. Boston Scientif...
The Declaratory Judgment Act permits a federal district court to grant relief where an actual contro...
On January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Boston Scientific C...
Patent cases use a preponderance of the evidence standard of proof, unless the validity of a paten...
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judg...
The law is clear that it is the plaintiff-patentee\u27s burden to prove both infringement and damage...
Patents fuel innovation and are becoming an ever-more important form of protection in this technolog...
Alleged patent infringers may bring declaratory judgment actions against patentees when actual contr...
In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory ...
Historically, patent litigation has been viewed and treated primarily as private law litigation, as ...
MedImmune, Inc. v. Genentech, Inc. asks whether Article III\u27s restriction on the jurisdiction of ...
Increasingly, accused infringers challenge a patent’s validity in two different forums: in litigatio...
This paper addresses the Patent Office\u27s misinterpretation of the Supreme Court\u27s ruling in Di...