Burden of Proof in the World of Patents: Medtronic v. Boston Scientific

Intellectual Property Practice Group Courthouse Steps Teleforum

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?  In this Courthouse Steps edition of Teleforum, Prof. Gregory Dolin of the University of Baltimore School of Law will discuss these issues and the oral argument in Medtronic v. Boston Scientific.

Featuring:

• Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

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?  In this Courthouse Steps edition of Teleforum, Prof. Gregory Dolin of the University of Baltimore School of Law will discuss these issues and the oral argument in Medtronic v. Boston Scientific.

Featuring:

• Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

Call begins at 11:00 a.m. Eastern Time.

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