Arthur Neustadt Quoted in Law360 Regarding Decision of U.S. Supreme Court to Hear Case on Burden of Proof
Arthur Neustadt is quoted in Law360’s recent article regarding the U.S. Supreme Court’s decision to hear Medtronic Inc.’s appeal of a Federal Circuit decision holding that licensee Medtronic bore the burden of proof to show that its products are not covered by the licensed patents. Mr. Neustadt said that Federal Ciruit’s ruling does not make any substantial changes to the patent laws because the decision was based on the language of the licensing agreement. He went on to say that the Federal Circuit’s decision should be affirmed by the Supreme Court because “[t]hey went out of their way to say that this is not a blanket rule.” Oblon Spivak represents licensor Mirowski Family Ventures, LLC in the dispute. Mr. Neustadt expects that oral argument before the Supreme Court will be scheduled for November 2013. The U.S. Supreme Court case is Medtronic Inc. v. Boston Scientific Corp. et al., case number 12-1128. To read the full article, please click here or on the publication link.