Comments Submitted Pursuant to Sovereign Immunity Study: Notice and Request for Public Comment, 85 Fed. Reg. 34,252

September 2, 2020

File Downloads

All documents are in PDF format.

The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the above-referenced U.S. Copyright Office Notice and Request for Public Comment, in the wake of the U.S. Supreme Court’s ruling in Allen v. Cooper, 140 S.Ct. 994.

In 1990, Congress passed the Copyright Remedy Clarification Act (“CRCA”) to roll back state sovereign immunity for copyright infringement and promote fairness and uniformity in the law. On March 23, 2020, the U.S. Supreme Court found that the CRCA did not pass constitutional muster—either under Article I or the Fourteenth Amendment.

Even so, a majority of the Court provided guideposts for future legislation that, if adequately supported by a Congressional record detailing a pattern of unconstitutional infringement and the absence of adequate state law remedies, could achieve the CRCA’s intent as a valid exercise of Congressional power pursuant to the Fourteenth Amendment. AIPLA believes there is adequate evidence to support abrogation of state sovereign immunity and offers the following comments in support of legislation that can succeed where the CRCA failed.

Please click on the attached document for the full submission.

Current Status

Submitted September 2, 2020

Upcoming Events

  • Partnering in Patents - Mechanical Arts

    November 13, 2024 8:30 AM to 4:45 PM   |   No CLE

    Learn and share ideas about mechanical disciplines at the Technology Centers (TC) 3600 and 3700 and American Intellectual Property Law Association (AIPLA) Customer Partnership Meeting on Wednesday, November 13, from 8:30 a.m. to 4:45 p.m. ET, at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. The meeting will feature perspectives from USPTO examiners, practitioners, and the industry, focusing on better examiner-practitioner interactions for high-quality patents. We'll address topics such as: Artificial intelligence (AI) subject matter eligibility USPTO search tools Drafting patent specifications Approaches to examiner interviews in the mechanical arts
  • 2025 Leadership Forum

    January 29 to 30, 2025

    AIPLA Leadership Forum – Elevate Yourself, Inspire the Future. This invitation-only two-day program will address building strong leadership skills for all levels of experience. More details coming soon.
  • 2025 AIPLA Spring Meeting

    May 13 to 15, 2025

    Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.