As the Patent Doc blog explains it, in order to file suit in a particular court against someone, that court must have personal jurisdiction over the defendant. Myriad recently filed suit against Invitae in Utah alleging the latter is violating Myriad patents in offering testing for BRCA 1 & 2. Invitae says that it is NOT subject to jurisdiction in Utah. In a nutshell, it does not operate as a business in Utah and it does not accept orders from Utah to its labs in San Franciso.
Therefore, it claims the Utah court has no jurisdiction over it and the Myriad suit there should be dismissed. Their agument looks sound and they are likely to win this ruling. As the Patent Doc blog notes, "Invitae's affirmative efforts to eschew serving te Utah patient population likely caused it to suffer little reduced business or profit while providing a means at little cost to prevent Myriad from suing in its home court. Clever."
Looks like Myriad may have to carry the fight to California (or perhaps elsewhere) where Invitae is situated.
Posted by Bruce Lehr Dec 13th 2013.