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Intellectual Property: State Immunity in Infringement Actions

机译：知识产权：侵权诉讼中的国家豁免权

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Intellectual property--which includes federally granted patents, trademarks, andcopyrights--is often owned or used by state governmental entities, such as public institutions of higher education. Until recently, state entities that made unauthorized use of, or infringed, the intellectual property of others were subject to lawsuits in federal court. In June 1999, however, the U.S. Supreme Court held that states were not subject to such suits, striking down a federal law that would have taken away a states right to claim immunity under the Eleventh Amendment of the U.S. Constitution when sued in federal court for patent infringement. In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999), the Court said that the Congress had not shown a pattern of state infringement or an absence of state remedies that would have justified the need for such a law. Since the Florida Prepaid decision--which applies to trademarks and copyrights as well as patents--some intellectual property owners have voiced concerns that they no longer have adequate remedies if a state commits infringement.

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