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Caret v. The University of Utah

Petition for certiorari denied on June 16, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-947 Fed. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Federal Circuit correctly held that a dispute between two states over ownership of patent rights may be adjudicated in a federal district court, despite this Court's exclusive jurisdiction over suits between states, as long as (A) the plaintiff-state sues only officials of the other state in their official capacity, and (B) the district court determines that the case does not implicate the core sovereign interests of the two states; and (2) whether a state can utilize the Ex parte Young doctrine to circumvent this Court's original and exclusive jurisdiction over controversies between states by amending its complaint to drop the defendant-state and add in its place state officials against whom the plaintiff-state seeks no relief, where the dispute concerns which state is the owner of disputed patent rights.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 7 2014Petition for a writ of certiorari filed. (Response due March 12, 2014)
Mar 7 2014Waiver of right of respondent The University of Utah to respond filed.
Mar 19 2014DISTRIBUTED for Conference of April 4, 2014.
Mar 31 2014Response Requested . (Due April 30, 2014)
Apr 25 2014Order extending time to file response to petition to and including May 8, 2014.
May 8 2014Brief of respondent The University of Utah in opposition filed.
May 22 2014Reply of petitioners Robert L. Caret, et al. filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
Jun 16 2014Petition DENIED.