ARE Patent Law Alert:
Supreme Court Holds FDA Labeling Regulations Do Not Preclude Lawsuits Under the Lanham Act

On June 12, 2014, the U.S. Supreme Court reversed the Ninth Circuit and unanimously held that compliance with the U.S. Food and Drug Administration’s (FDA) fruit juice labeling rules does not preempt a claim of false advertising under the Lanham Act. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, 2014 U.S. LEXIS 4165, at *1, […]

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 […]