Next event: Remand to the Federal Circuit
Summary: This case was argued back in November. Essentially, Medtronic licenses patents from Boston Scientific for a type of pacemaker. Medtronic doesn’t want to have to pay royalties for new products that it doesn’t believe infringe the licensed patents, so it filed a declaratory judgment action against Boston Scientific, asking the court to declare that Medtronic’s new devices don’t infringe Boston Scientific’s patents. The issue is whether Medtronic has to prove its devices don’t infringe, or Boston Scientific has to prove that they do.
The Supreme Court issued its opinion on Jan. 22, 2014, unanimously reversing the Federal Circuit by holding that the patentee still has to prove infringement.