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Wilson Reviews the "Burden" of Patent Infringement

Bloomberg BNA Patent, Trademark & Copyright Journal
April 2014

Charlotte Intellectual Property Member Mark Wilson authored an article that was published in Bloomberg BNA’s Patent, Trademark & Copyright Journal on April 25.  In his article, “The ‘Burden’ of Patent Infringement:  Supreme Court Holds That Burden of Proof Remains with Patentee Even in Declaratory Judgment Actions Files by Licensee,” Wilson reviews the recent Supreme Court Medtronic decision, and suggests a shift in the balance in favor of patent licensees and against patent owners.

“…the Supreme Court recently ruled in Medtronic v. Mirowski Family Ventures that the burden of proof in a patent infringement case remains with the patentee, including in a declaratory judgment suit brought by a licensee."