Patent proceedings: Determination of burden of proof

 

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. [Pp. 6–11.]

This conclusion is strongly supported by three settled legal propositions: First, a patentee ordinarily bears the burden of proving infringement, Continue reading “Burden of proof in patent case.” →