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.