No. 24-729

Forrest L. Geist v. Kansas State University Foundation, et al.

Lower Court: Tenth Circuit
Docketed: 2025-01-13
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights intellectual-property property-protection safe-harbor sovereign-immunity takings-clause
Key Terms:
SocialSecurity FifthAmendment Takings DueProcess Securities Copyright TradeSecret Patent JusticiabilityDoctri
Latest Conference: 2025-03-07
Question Presented (AI Summary)

May a natural person, whose IP is taken by state gov't w/o payment, seek fair redress under the selfexecuting Takings Clause if that state's legislation affirms a justiciable cause of action while disallowing sovereign immunity as a possible litigation defense?

Question Presented (OCR Extract)

Intellectual Property (IP) is saleable property. Creators earn, retain, and depend on constitutional ownership rights like other assets such as real estate, bonds, cash, inventory, holdings, and similar chattels. The self-executing Takings Clause applies to IP, too. This matter involves a state government and its arms—a public university and commerce dept.— illegally seizing and monetizing a private citizen’s IP for comm’] purposes that’s USPTO + SEC registered by way of inverse condemnation w/o compensation. T authored business plans w/trade secrets that have property protection (Ruckelshaus v. Monsanto) and no expiration. My federal filings earn default copyright safety as “original literary works fixed to tangible media of expression” plus Safe Harbor. The Takings Clause protects all property including IP. Takings rulings confirm its self-activating nature. First English, Knick, and DeVillier are examples. This Court affirmed in First English, Knick and DeVillier that the Fifth Amendment’s Takings Clause was “self-executing” and “[s]tatutory recognition was not necessary” for claims for compensation because they “are grounded in the Constitution itself[.]” Two (2) federal circuits disagree causing legal conflicts. Our nation needs consistent IP protections from gov't overreach to foster discovery, innovation, and science. Two (2) other district courts disagree on IP safeguards and IP creators’ Safe Harbor. The question here is: Q: May a natural person, whose IP is taken by state gov't w/o payment, seek fair redress under the selfexecuting Takings Clause if that state’s legislation affirms a justiciable cause of action while disallowing sovereign immunity as a possible litigation defense?

Docket Entries

2025-03-10
Petition DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-01-30
Waiver of right of respondent Northwest Kansas Economic Innovation Center to respond filed.
2025-01-29
Waiver of right of respondent Kansas Center for Entrepreneurship, Inc. dba NetWork Kansas to respond filed.
2025-01-24
Waiver of right of respondents Grow Hays, Inc. and its employee, David Clingan to respond filed.
2025-01-23
Waiver of Kansas State University; David Toland; Kansas Department of Commerce of right to respond submitted.
2025-01-23
Waiver of right of respondent Kansas State University; David Toland; Kansas Department of Commerce to respond filed.
2025-01-23
Waiver of right of respondent Kansas State University Foundation to respond filed.
2025-01-23
Waiver of right of respondent Defendant Western Kansas Rural Economic Development Alliance to respond filed.
2024-11-07
Petition for a writ of certiorari filed. (Response due February 12, 2025)

Attorneys

Defendant Western Kansas Rural Economic Development Alliance
Jeffrey M. KuhlmanWatkins Calcara CHTD, Respondent
Jeffrey M. KuhlmanWatkins Calcara CHTD, Respondent
Forrest L. Geist
Forrest L. Geist — Petitioner
Forrest L. Geist — Petitioner
Grow Hays, Inc. and its employee, David Clingan
Christopher W. SookJeter Law Firm, LLP, Respondent
Christopher W. SookJeter Law Firm, LLP, Respondent
Kansas Center for Entrepreneurship, Inc. dba NetWork Kansas
Shanon D. WeadFoulston Siefkin LLP, Respondent
Shanon D. WeadFoulston Siefkin LLP, Respondent
Kansas State University Foundation
Luke M. MeriwetherLathrop GPM LLP, Respondent
Luke M. MeriwetherLathrop GPM LLP, Respondent
Kansas State University; David Toland; Kansas Department of Commerce
Michael Thomas RauppHusch Blackwell LLP, Respondent
Michael Thomas RauppHusch Blackwell LLP, Respondent
Northwest Kansas Economic Innovation Center
Christopher A. McElgunnKlenda Austerman, LLC, Respondent
Christopher A. McElgunnKlenda Austerman, LLC, Respondent