Article
Unanimous Supreme Court: Burden Of Proof On Infringement Always On Patentee
In terms of the question presented, the Supreme Court of the United States answered that when a licensee seeks declaratory judgment against a patentee, asserting that its products do not infringe the licensed patent, "the patentee bears the burden of persuasion on the issue of infringement."
A unanimous Supreme Court of the United States, in a decision authored by Justice Breyer, reversed the U.S. Court of Appeals for the Federal Circuit, holding that the patentee bears the burden of persuasion
McDermott Will & Emery







