The petition of the day is:

12-1128

Issue: Whether, in a declaratory judgment action brought by a licensee under MedImmune, Inc. v. Genentech, Inc., the licensee has the burden to prove that its products do not infringe the patent, or whether (as is the case in all other patent litigation, including other declaratory judgment actions), the patentee must prove infringement.

Posted in Medtronic v. Mirowski Family Ventures, LLC, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (May. 9, 2013, 9:34 PM), http://www.scotusblog.com/2013/05/petition-of-the-day-450/