United States Federal Circuit

In a medical device and equipment manufacturer's suit seeking declaratory judgment of noninfringement and invalidity of patents related to a device that increases the heart's efficacy, the judgment of the district court is vacated and remanded where: 1) the district court relied on a legally incorrect allocation of the burden of proof to find noninfringement, because in the limited circumstances when an infringement counterclaim by a patentee is foreclosed by the continued existence of a license, a licensee seeking a declaratory judgment of noninfringement and of no consequent liability under the license bears the burden of persuasion; and 2) the district court erred by restricting the claimed invention to the treatment of congestive heart failure.

Appellate Information

• Decided 09/18/2012
• Published 09/18/2012

Judges

• Linn

Court

• United States Federal Circuit

Counsel