State Immunity Isn't Free-Rein On Venue, Fed. Circ. Says

Law360 (September 5, 2019, 7:53 PM EDT) -- The University of Texas can't sue Boston Scientific Corp. for patent infringement in a state where the medical device company has no ties, nor can it invoke sovereign immunity to avoid a venue transfer, the Federal Circuit affirmed Thursday.

A Texas federal judge was right to transfer the university's suit to Delaware, as the sovereign powers given to states don't trump jurisdiction laws, the Federal Circuit said. Additionally, the panel said immunity doesn't apply, as it's meant to protect defendants, not plaintiffs, in a suit.

"When a state voluntarily appears in federal court, as UT has done here, it 'voluntarily invoke[s]...

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