SCD

News

UT invokes collateral order doctrine, appeals venue transfer order violating state sovereignty

June 14, 2018
The University of Texas System ("UT") appealed to the Federal Circuit seeking to reverse a district court order transferring its patent infringement suit from Texas to Delaware based on the patent venue statute. Relying on state sovereignty rights enshrined in the Original Jurisdiction Clause (U.S. CONST. art. III,  2, cl. 2), UT argues "[s]tate sovereignty includes a state's privilege to seek redress against a nonresident in the federal court of its choosing so long as requisite personal jurisdiction exists." UT also argues the transfer order is appealable immediately under the collateral order doctrine. The appeal has important implications on state sovereignty and IP investment. Shore Chan partners Michael Shore, Alfonso Chan, Sam Joyner, and Chiji Offor are handling UT's appeal. 
Click here for a link to UT’s appeal brief