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...

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