That pesky 11th Amendment

The intellectual property traffic appears to be backing up at the intersection of 11th and Amendment. Two current stories, one about copyrights and one about patents, share an 11th Amendment component.

From Fairly Used is Mary Minow’s interview of defense counsel in the recent copyright infringement case Marketing Information Masters, Inc. v. The Board of Trustees of the California State University System. In that case, a San Diego State University professor was the subject of a copyright infringement action involving the collection/reporting of data about the Holiday Bowl’s local economic impact. The United States District Court for the Southern District of California applied the 11th Amendment to invalidate the Copyright Remedy Clarification Act.  

Second is yesterday's Associated Press story, referenced in the Patent Law Center's News section, describing the United States Supreme Court’s request to the Solicitor General concerning Biomedical Patent Management Corp. v. California Department of Health Services. According to the story, the Supreme Court has asked the federal government to opine on whether the 11th Amendment immunizes states against patent infringement suits.