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When 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.
- Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law
- Moderator: Christian Corrigan, Director of Publications, The Federalist Society