September 5, 2019 / 9:19 PM / 10 days ago

State school not entitled to choose any venue for patent case, says Fed Circuit

A federal appeals court on Thursday limited the ability of public universities to forum-shop in patent lawsuits, saying a case the University of Texas filed against Boston Scientific Corp was properly transferred to the medical device company’s preferred forum of Delaware.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit rejected arguments by UT that, as the arm of a state government, under the doctrine of sovereign immunity it is empowered to choose the forum in which it litigates its intellectual property rights.

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