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Board of Regents of the University of Texas System, et al. v. Boston Scientific Corporation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1700 · judgment September 5, 2019

Certiorari denied · April 20, 2020
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a Federal Circuit decision below, and down for a business respondent.

Question presented

The question presented is: 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.

Counsel of record

For petitioner
Michael W. Shore
Shore Chan LLP

For respondent
Matthew McManus Wolf
Arnold & Porter Kaye Scholer LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A813

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 26 2020
    Waiver of right of respondent Boston Scientific Corporation to respond filed.
  4. Mar 06 2020
    Petition for a writ of certiorari filed. (Response due April 9, 2020)
  5. Jan 23 2020
    Application (19A813) granted by The Chief Justice extending the time to file until March 6, 2020.
  6. Jan 21 2020
    Application (19A813) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to March 6, 2020, submitted to The Chief Justice.
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