“Burden of Proof: U.S. Supreme Court Backs Licensees”

Matthew C. Nielsen authored an article in Life Sciences Intellectual Property Review (LSIPR) Quarterly (Volume 1, Issue 2). In “Burden of Proof: U.S. Supreme Court Backs Licensees,” Mr. Nielsen discussed the Supreme Court’s recent decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, including its holding (reversing the Federal Circuit) that patent owners bear the burden of persuasion when a licensee raises the issue of non-infringement in a declaratory judgment action, and the implications for patent owners and licensees.