UT System files writ of certiorari in U.S. Supreme Court seeking sovereign right to sue within its own borders
The University of Texas System
today filed a petition for a writ of certiorari in the United States Supreme
Court in the case Board of Regents, The University of Texas System and
TissueGen, Inc. v. Boston Scientific Corporation. The petition seeks to
overturn a decision by the Federal Circuit, which affirmed the transfer of UT
System's patent infringement suit from Texas to Delaware based on the patent
venue statute. The petition asks "[w]hether a state's sovereign right to try
its causes within its borders when there is personal jurisdiction over the
defendant renders unconstitutional a federal patent venue statute applied to
force the state sovereign to sue the in-state infringer in a federal court
located in another state." The petition argues it would "offend the
Constitution and the dignity it extends to state sovereigns" to force a state
sovereign "to chase the [in-state] infringer into a sister state to seek
redress" based on a venue statute. The petition has important implications on
state sovereignty and IP investment. Shore Chan partners Michael Shore, Alfonso
Chan, Sam Joyner, and Chiji Offor are handling the case.
