ARE Patent Law Alert:
Patentee Bears Burden Of Proving Infringement Even When A Licensee Sues For A Declaratory Judgement Of Non-Infringement

On January 22, 2014, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, the U.S. Supreme Court unanimously ruled that even when a licensee in good standing seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of […]

CLS Bank Ruling Provides No Guidance On Patent Eligibility

Law360, New York (May 13, 2013, 11:50 AM ET) On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated decision in CLS Bank International v. Alice Corp. Pty. Ltd., No. 2011-1301 (Fed. Cir. May 10, 2013) (“CLS III”), concerning the patent eligibility of computer implemented claims under 35 […]