Revisiting Proposed Solution To State Immunity From IP Suits

Law360 (May 21, 2020, 4:27 PM EDT) -- Under most circumstances, a copyright holder may sue an infringer for damages in federal court. But the U.S. Supreme Court recently held in Allen v. Cooper that when the infringer is a state, the copyright holder may not sue for damages due to the state's sovereign immunity under the Eleventh Amendment.

This raises the question, "Are States permitted … to run afoul of valid federal laws protecting intellectual property without subjecting themselves to the monetary liability to which all others are vulnerable?" posed by then-Register of Copyrights Marybeth Peters before the House Judiciary Subcommittee on Courts and Intellectual Property in July...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!