By Adam Liptak | The New York Times
The Supreme Court on Monday agreed to decide cases concerning prayers at the start of town meetings and a patent dispute over heart monitors.
The justices agreed to consider which side bears the burden of proof in some patent disputes. The case, Medtronic Inc. v. Boston Scientific Corp., No. 12-1128, concerns devices made by Medtronic that deliver electrical jolts to the heart when it fails to pump normally.
Medtronic licensed patents owned by Mirowski Family Ventures concerning various aspects of such “cardiac resynchronization therapy.” The license agreement also addressed new products developed by Medtronic, requiring it to pay royalties on ones said to be infringing the patents or to go to court for a “declaration of noninfringement.”
In 2007, the patent owner asserted various infringements, and Medtronic asked the courts to decide the matter. The question for the justices is whether a federal appeals court in Washington was right last year when it put the burden on Medtronic to prove it had not infringed the patents. In ordinary cases, the patent holder must prove infringement.
If you’d like to discuss intellectual property issues, contact Robert Iussa, chair Rose Law Group Intellectual Property Dept., riussa@roselawgroup.com
