After striking out recently in the U.S. Supreme Court, business patent holders face narrowing options for fighting what one calls the "risk-free windfall" of states suing without being sued for patent and copyright infringement. Nearly a decade has passed since the Rehnquist Court's federalism revolution landed like a bomb on private patent holders, and in the ensuing years, the states have moved aggressively into the intellectual property market, bringing infringement lawsuits and infringing the IP rights of others.
Options dwindle for foes of state immunity
The National Law Journal
January 26, 2009
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