Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

US Supreme Court holds that US states are immune from federal copyright infringement claims in case involving Blackbeard’s flagship

Journal of Intellectual Property Law & Practice, Volume 15, https://doi.org/10.1093/jiplp/jpaa078
Author(s): Charles R. Macedo, David Goldberg

Abstract

Allen v Cooper, No 18-877, 140 S Ct 994, 23 March 2020

Thirty years ago, the US Congress passed two nearly identical bills designed to strip US states of their sovereign immunity from claims of patent and copyright infringement—the Patent Remedy Act (PRA) and Copyright Remedy Clarification Act (CRCA). Almost 10 years later, in Florida Prepaid Postsecondary Education Expense Board v College Savings Bank (1999) 527 US 627, the US Supreme Court held that the PRA lacked a constitutional basis. However, it was not until this year, in Allen v Cooper, No 18-877, 140 S Ct 994 (23 Mar 2020), that the US Supreme Court held that the CRCA also lacked a constitutional basis. This...

Full article available here.

*Published by Oxford University Press. All rights reserved.




View all Published Articles

Print

Upcoming Events

View all Events >

RSS FEED

Never miss another publication. Our RSS feed (what is RSS?) will inform you when new articles have been posted.

Amster Rothstein & Ebentein RSS Feed Subscribe now!

Linkedin AREnet Access
©2007-2020 Amster Rothstein & Ebenstein LLP.    All rights reserved. | Disclaimer