Skip to main content

Medtronic, Inc. v. Mirowski Family Ventures, LLC

Docket No.12-1128
Op. BelowFed. Cir.
ArgumentNov 5, 2013
Vote9-0
AuthorStephen G. Breyer
OpinionJan 22, 2014
TermOctober Term 2013
Opinion

Holding

When a licensee seeks a declaratory judgment against a patentee to establish that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of infringement.

Judgment

Reversed, 9-0, in an opinion by Stephen G. Breyer on Jan 22, 2014.

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.

Proceedings & orders timeline

Mar 14, 2013
Petition for a writ of certiorari filed. (Response due April 17, 2013)
Apr 5, 2013
Brief of respondent Mirowski Family Ventures, LLC in opposition filed.
Apr 25, 2013
Reply of petitioner Medtronic, Inc. filed.
Apr 30, 2013
DISTRIBUTED for Conference of May 16, 2013.
May 20, 2013
Petition GRANTED.
Jun 5, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 26, 2013.
Jun 5, 2013
The time to file respondents' brief on the merits is extended to and including September 16, 2013.
Jul 26, 2013
Joint appendix filed. (Statement of costs filed.)
Jul 26, 2013
Brief of petitioner Medtronic, Inc. filed.
Aug 2, 2013
Brief amicus curiae of the United States filed.
Aug 2, 2013
Brief amici curiae of Legal Scholars filed.
Aug 2, 2013
Brief amicus curiae of Tessera Technologies, Inc. in support of neither party filed.
Aug 19, 2013
CIRCULATED.
Aug 20, 2013
SET FOR ARGUMENT on Tuesday, November 5, 2013.
Sep 3, 2013
Record from U.S.C.A. for Federal Circuit is electronic (Not PACER).
Sep 3, 2013
Additional record received from U.S.C.A. for Federal. Circuit. (1 box)
Sep 11, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 16, 2013
Brief of respondent Mirowski Family Ventures, LLC filed. (Distributed)
Sep 20, 2013
Motion of Tessera Technologies, Inc. in support of neither party for leave to participate in oral argument as amicus curiae and for enlarged argument or, in the alternative divided argument filed.
Sep 20, 2013
Brief amicus curiae of Koninklijke Philips, N.V. filed. (Distributed)
Sep 23, 2013
Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Sep 30, 2013
Joint opposition of the parties to motion of Tessera Technologies, Inc. for leave to participate in oral argument as amicus curiae and for divided argument.
Oct 15, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 15, 2013
Motion of Tessera Technologies, Inc. in support of neither party for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Oct 16, 2013
Reply of petitioner Medtronic, Inc. filed. (Distributed)
Nov 5, 2013
Argued. For petitioner: Seth P. Waxman, Washington, D. C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Arthur I. Neustadt, Alexandria, Va.
Jan 22, 2014
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
Jan 31, 2014
Record for U.S.C.A. for the Federal Circuit has been RETURNED.
Feb 24, 2014
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.