Supreme Court hears oral argument in Medtronic Inc. v. Boston Scientific Corp. to determine if Plaintiff has the burden of proving non-infringement in declaratory judgment actions


Under MedImmune who has the burden of proof on the issue of infringement/non-infringement in a declaratory judgment action brought on by a licensee? That is the issue that was discussed during the oral arguments of Medtronic Inc. v. Boston Scientific Corp.that wereheard at the Supreme Court on November 5.

Fish’s Conrad Gosen, an Associate in the Twin Cities office, reviewed the oral arguments and reported the key points on today’s blog post. You can read our analysis on Fish’s Litigation Blog.