Burden Of Proof In Patent Case Brought As A Declaratory Relief Action.

The dispute revolves around a license given to licensee by licensor/patentee to practice certain of licensor’s patents in exchange for royalty payments. Licensor contended licensee infringed the licensed patents, and licensee challenged that assertion of infringement in a declaratory relief action. The district court concluded licensor/patentee, as the party asserting infringement, had the burden of proving it. The appeals court acknowledged that a patentee normally bears the burden of proof, but concluded that where the patentee is a declaratory judgment defendant, the party seeking declaratory relief has the burden of proof. The United States Supreme Court held the burden of proving infringement rests upon the patentee. (Medtronic, Inc. v. Mirowski Family Ventures, LLC  (U.S. Sup. Ct.; January 22, 2014) 134 S.Ct. 843, [187 L.Ed.2d 703].)