Options dwindle for foes of state immunity

States can sue over IP and not be sued.

, The National Law Journal

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.

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