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August 14, 2022


Does this treatment under patent law create a conundrum when the same Sovereign Immunity is considered under copyright law?

See Allen v. Cooper (2020)


Yes Dr. Noonan - that is the very case that I had in mind.

Patents just do NOT carry to the same protection (for States) as copyright.

Even though in upholding Sovereign Immunity for copyright, the Court stated, "The rubric from the case is that Congress does not have the power, under Article I, to "circumvent" the limitations sovereign immunity places on federal jurisdiction. As stated in the opinion, "the power to 'secur[e]' an intellectual property owner's 'exclusive Right' under Article I


when it runs into sovereign immunity."

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