Two recent Supreme Court decisions have sharply curtailed the ability of intellectual property owners to sue individual states for violations of property rights. In the two decisions announced on June 23rd, a five-person majority of the Court held that states could assert sovereign immunity in suits brought for patent infringement or for false and misleading advertising. These cases form part of a series of close decisions upholding the sovereign immunity of states from federal laws. Whether these decisions will be extended by the Supreme Court or lower courts to provide for sovereign immunity from other federally created intellectual property actions remains to be seen.
FALSE ADVERTISING
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
