United States Supreme Court

In a declaratory action brought by plaintiff-patent licensee against defendant-patent owner challenging defendant's assertion that certain of plaintiff's products infringed defendant's patents, the Federal Circuit's determination that plaintiff had the burden of proof is reversed and remanded, where: 1) the Federal Circuit had subject-matter jurisdiction because the action "arises under" federal patent law; but 2) when a licensee 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 infringement; and thus, 3) the Federal Court erred in concluding that plaintiff had the burden of proof.

Appellate Information

• Decided 01/22/2014
• Published 01/22/2014

Judges

• BREYER

Court

• United States Supreme Court

Counsel