Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement

In a unanimous opinion, the US Supreme Court has reversed the Federal Circuit – holding that the patentee has the burden of proving infringement even in declaratory judgment actions by a licensee in good standing. I had previously noted that the Federal Circuit decision here was “odd” and likely to be rejected by the Supreme Court. The case should generally be seen as further emboldening licensees to challenge their licensed patents.

 Reference Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement

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