Comment Federal Courts and State Sovereign Immunity (Score 1) 34
As some previous posts have intimated, this is about where you can sue states for patent infringement, not whether you can. Even if the defendants win here, you will still be able to sue states for patent infringement under federal law in state court in most circumstances.
Under the Constitution's Supremacy Clause, the state courts have to apply federal patent law, anything in the state's own laws notwithstanding. If a state court refuses to apply federal patent law, or misapplies it, review of the state court's final decision may be had in the U.S. Supreme Court under 28 U.S.C. s 1257.
There may be a few instances where a state may claim sovereign immunity in its own courts, and the 11th Amendment will prevent you from suing in federal court. But a state can't simply refuse to entertain federal patent suits in its own courts.
The Supreme Court recently affirmed in Howlett v. Rose, 496 U.S. 356, 357 (1990), that if a state wants to assert sovereign immunity in its own courts, it must do so by means of a neutral rule that does not discriminate against federal law. In the words of Justice Stevens: "The Supremacy Clause forbids state courts to dissociate themselves from federal law because of disagreement with its content or a refusal to recognize the superior authority of its source. A valid excuse may exist when a state court refuses jurisdiction because of a neutral state rule of judicial administration ...."
Patent infringement is a kind of tort, and to exempt itself from patent suits in its own court, a state would have to deprive its courts of the power to hear all tort suits against the state. If you live in a state that has totally exempted itself from all tort liability, not being able to sue for patent infringement is the least of your worries.
There are a few big reasons to want to be in federal court, but they don't have anything to do with whether states are subject to federal patent law. Federal courts have much greater patent law expertise, particularly at the intermediate appellate level. Many people consider the quality of the judges to be generally higher than in state court. Patent lawyers are familiar with federal courts, and don't want to have to learn their way around an unfamiliar forum. Proceeding in state court adds cost because there is an additional level of appeal before the U.S. Supreme Court.
Hope this hasn't confused things more.
Under the Constitution's Supremacy Clause, the state courts have to apply federal patent law, anything in the state's own laws notwithstanding. If a state court refuses to apply federal patent law, or misapplies it, review of the state court's final decision may be had in the U.S. Supreme Court under 28 U.S.C. s 1257.
There may be a few instances where a state may claim sovereign immunity in its own courts, and the 11th Amendment will prevent you from suing in federal court. But a state can't simply refuse to entertain federal patent suits in its own courts.
The Supreme Court recently affirmed in Howlett v. Rose, 496 U.S. 356, 357 (1990), that if a state wants to assert sovereign immunity in its own courts, it must do so by means of a neutral rule that does not discriminate against federal law. In the words of Justice Stevens: "The Supremacy Clause forbids state courts to dissociate themselves from federal law because of disagreement with its content or a refusal to recognize the superior authority of its source. A valid excuse may exist when a state court refuses jurisdiction because of a neutral state rule of judicial administration
Patent infringement is a kind of tort, and to exempt itself from patent suits in its own court, a state would have to deprive its courts of the power to hear all tort suits against the state. If you live in a state that has totally exempted itself from all tort liability, not being able to sue for patent infringement is the least of your worries.
There are a few big reasons to want to be in federal court, but they don't have anything to do with whether states are subject to federal patent law. Federal courts have much greater patent law expertise, particularly at the intermediate appellate level. Many people consider the quality of the judges to be generally higher than in state court. Patent lawyers are familiar with federal courts, and don't want to have to learn their way around an unfamiliar forum. Proceeding in state court adds cost because there is an additional level of appeal before the U.S. Supreme Court.
Hope this hasn't confused things more.
