Medtronic Inc. v. Boston Scientific Corporation

LINN, Circuit Judge.

This case is before us on remand from the Supreme Court. In a declaratory judgment action in which the defendant-patentee is precluded from pursuing infringement counterclaims by the continued existence of a license to the plaintiff, we previously held on appeal that the district court in the limited circumstances of this case erred in allocating the burden of persuasion to the patentee and remanded for reconsideration of the infringement question with the burden allocated to the declaratory judgment plaintiff. Medtronic, Inc. v. Boston Scientific Corp., 695 F.3d 1266,…