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.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2m3jFUz

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