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ARTICLE · 21 OCTOBER 2019

The Bio/Pharma Beat - October 2019

Squire Patton Boggs LLP
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The appellants filed this patent infringement suit in the Western District of Texas. The district court found improper venue, and transferred the case to Delaware.

United StatesIntellectual Property
David Manspeizer
David Manspeizer

Federal Circuit

State Sovereign Immunity Does Not Trump Patent Venue Statute

Board of Regents of the University of Texas System v. Boston Scientific Corp., No. 2018-1700 (Fed. Cir. Sep. 5, 2019)

The appellants filed this patent infringement suit in the Western District of Texas. The district court found improper venue, and transferred the case to Delaware. The university appealed the transfer order. The Federal Circuit held that sovereign immunity does not apply and cannot be asserted to challenge a venue decision where a state acts only as a plaintiff.

District Court Did Not Abuse Discretion in Excluding Expert's Infringement Opinion

Phigenix, Inc. v. Genentech, Inc., Nos. 2017-2617, 2018-1042 (Fed. Cir. Sep. 5, 2019)

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