The Federalist Society

Burden of Proof in the World of Patents: Medtronic v. Boston Scientific - Podcast

Intellectual Property Practice Group Podcast

November 20, 2013

Gregory Dolin

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Burden of Proof in the World of Patents: Medtronic v. Boston Scientific - MP3
Running Time: 0:31:10

patent licenseWhen a party accused of patent infringement responds by seeking a declaratory judgment that the patent is invalid or not infringed, the nominal status of the parties is reversed: The patentee (who would have been the plaintiff in any traditional suit) becomes the declaratory judgment defendant, while the accused infringer becomes the plaintiff.  When, if ever, does this shift the burden to prove that a product does not infringe a patent?  Prof. Gregory Dolin of the University of Baltimore School of Law discussed these issues and the oral argument in Medtronic v. Boston Scientific.

Featuring:

  • Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law
  • Moderator: Christian Corrigan, Director of Publications, The Federalist Society

[Return to the Practice Groups Podcasts menu]

Related Links

Teleforum


The Federalist Society