On November 5, 2013, the Supreme Court heard oral argument in Medtronic, Inc. v. Boston Scientific Corp. The question in the case is whether, when a declaratory judgment of non-infringement is sought by a patent licensee under the Court’s decision in MedImmune, Inc. v. Genentech, the burden of proof lies with the licensee to prove non-infringement or, as is traditional in patent litigation suits, with the patent owner, to prove infringement.

To discuss the case, we have Professor Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law.

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