United States Federal Circuit

Dismissal of a declaratory judgment action against a university involving a patent for a method of inputting text into a device keyboard is affirmed where the suit was barred by the university's Eleventh Amendment immunity, and the district court's decision not to transfer the action to the Western District of Texas under 28 U.S.C. section 1404(a) is also affirmed.

Appellate Information

• Decided 08/10/2006
• Published 08/10/2006

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kathleen M. Sullivan, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of San Francisco, California, argued for plaintiff-appellant.   With her on the brief were Charles K. Verhoeven, Jennifer A. Kash, and Helen E. Dutton.


• For Appellees:
  
• Michael W. Shore, Shore Chan LLP, of Dallas, Texas, argued for defendant-appellee.   On the brief were Kelly P. Corr and Kelsey Joyce, Corr Cronin Michelson Baumgardner & Preece LLP, of Seattle, Washington.   Of counsel on the brief were Alfonso Garcia Chan, Shore Chan LLP, of Dallas, Texas, and Kenneth E. Shore, Shore West, PC, of Longview, Texas.   Of counsel were Gerald Bill Hrycyszyn, Joseph F. DePumpo, and Jeffrey R. Bragalone, Shore Chan LLP.