Caret v. The University of Utah

(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.