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Wednesday, January 22, 2014

SCOTUS on Declaratory Judgments

SCOTUS today decided Medtronic, Inc. v. Mirowski Family Ventures, a unanimous decision through Justice Breyer. The Court held that in a declaratory judgment action brought by a would-be patent infringer seeking a declaration of non-infringement, the patentee bears the burden of persuasion of infringement, just as it would if it had brought a coercive action for infringement. There also is a brief discussion on Skelly Oil and how to define a when a declaratory judgment action arises under federal law (in this case, federal patent law).

Posted by Howard Wasserman on January 22, 2014 at 01:12 PM in Civil Procedure, Howard Wasserman | Permalink


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