by Dennis Crouch
Board of Regents of the University of Texas System, et al. v. Boston Scientific Corporation, No. 19-1110 (Supreme Court 2020).
While we await a handful of interesting state copyright law issues from the US Supreme Court, a new petition from the State of Texas asks for some respect as well. In the case, UT sued Boston Scientific for patent infringement in W.D.Tex. Federal Court. However, venue turned out to be improper and the case was transferred to D.Del. Texas has argued that a state has the right to enforce its actions – seek redress for harms against the state — within the borders of its own state.
Supreme Court Petition question:
Whether 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.
[Petition]. In Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971) the Supreme Court wrote that the Founders believed that “no State should be compelled to resort to the tribunals of other States for redress.” However, the “Constitutional” limitation is one implicit in the structure of our multi-sovereign federal system rather than with express language in the document.
Sovereign Indignity: Texas must Litigate its Infringement Case in Delaware