- "The substantive burden of proof normally does not shift simply because the party seeking relief is a counterclaiming defendant in a declaratory judgment action."
- "[T]his court holds that in the limited circumstance when an infringement counterclaim by a patentee is foreclosed by the continued existence of a license, a licensee seeking a declaratory judgment of noninfringement and of no consequent liability under the license bears the burden of persuasion."
Tuesday, September 18, 2012
Declaratory Judgment Burdens
Medtronic v. Boston Scientific
Posted by Shawn T. Gordon at 8:31 AM