State immunity from infringement claims

Overview
Historically, state governments had been sued by others in federal court for intellectual property infringement just like any other user of intellectual property. The landscape changed dramatically in June 1999, however, when the U.S. Supreme Court ruled in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank that states could claim immunity under the Eleventh Amendment to the U.S. Constitution when sued in federal court for infringement.