25
October 2021
Past Event
Virtual Event | IP Infringement and State Sovereign Immunity

Virtual Event | IP Infringement and State Sovereign Immunity

Past Event
Online Only
October 25, 2021
25
October 2021
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
Osenga
Kristen J. Osenga

Contributor, Intellectual Property Forum

Kevin Madigan

Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

Rick Allen

Co-Founder, Executive Producer, and Director, Nautilus Productions

hartline
Devlin Hartline

Senior Fellow

Please be advised: This event will premiere on this page at 12:00 p.m. EDT, Monday, October 25. Register for the event here

Join Hudson Institute Legal Fellow Devlin Hartline and expert panelists Kristen Osenga, Kevin Madigan, and Rick Allen to discuss state sovereign immunity for intellectual property infringement.

Under the Eleventh Amendment of the U.S. Constitution, states enjoy sovereign immunity that generally prevents individuals from suing states in federal court for monetary damages or injunctive relief. In the early 1990s, Congress passed legislation abrogating state sovereign immunity for patent, trademark, and copyright infringement, thus allowing lawsuits against states for intellectual property infringements. However, the courts have held that Congress did not have the authority to abrogate sovereign immunity using its powers under the Commerce Clause and Intellectual Property Clause of Article I.

The Supreme Court has indicated that Congress can use its power under the Fourteenth Amendment to abrogate state sovereign immunity, but it must first show that states' infringements are widespread and persistent, intentional or reckless, and unremedied under state law. So far, the courts held that Congress did not have an adequate record when it attempted abrogation in the early 1990s. The U.S. Patent and Trademark Office and the U.S. Copyright Office recently conducted studies to gauge the extent and character of infringements by states. The panelists will discuss the problems of state infringements and explore whether Congress now has enough evidence to abrogate state sovereign immunity for intellectual property infringements. Please join Hudson Institute for this important discussion.

Related Events
08
July 2026
In-Person Event | Hudson Institute
America’s Competitive Edge: Why Antitrust, Standards, and Intellectual Property Matter
Featured Speakers:
Urška Petrovčič
Dina Kallay
Getty Images
08
July 2026
In-Person Event | Hudson Institute
America’s Competitive Edge: Why Antitrust, Standards, and Intellectual Property Matter

Join us for an exclusive luncheon conversation with Dina Kallay—deputy assistant attorney general for international, policy, and appellate at the United States Department of Justice’s Antitrust Division—and Urška Petrovčič.

Getty Images
Featured Speakers:
Urška Petrovčič
Dina Kallay
10
July 2026
In-Person Event | Hudson Institute
Taiwan’s Institutional Defense: Countering CCP Infiltration and Transnational Repression
Featured Speakers:
KaiChieh (KJ) Hsu
Miles Yu
Getty Images
10
July 2026
In-Person Event | Hudson Institute
Taiwan’s Institutional Defense: Countering CCP Infiltration and Transnational Repression

Join Hudson Institute’s China Center as Miles Yu hosts a panel examining Taiwan’s experience in handling national security cases, foreign interference, technology theft, election influence, proxy networks, and gray-zone legal warfare.

Getty Images
Featured Speakers:
KaiChieh (KJ) Hsu
Miles Yu
15
July 2026
In-Person Event | Hudson Institute
The Future of US Foreign Policy in the Middle East with Representative Mike Lawler
Featured Speakers:
Congressman Mike Lawler
Joel Rayburn
DVIDS
15
July 2026
In-Person Event | Hudson Institute
The Future of US Foreign Policy in the Middle East with Representative Mike Lawler

Join Representative Mike Lawler (NY-17), chairman of the House Foreign Affairs Subcommittee on the Middle East and North Africa, for a conversation with Senior Fellow Joel Rayburn on the emerging Middle East security order and the future of American strategy in the region.

DVIDS
Featured Speakers:
Congressman Mike Lawler
Joel Rayburn
21
July 2026
In-Person Event | Invite Only
The US-Israel Economic Partnership: A Farewell Conversation with Minister Noach Hacker
Featured Speakers:
Michael Doran
Noach Hacker
Getty Images
21
July 2026
In-Person Event | Invite Only
The US-Israel Economic Partnership: A Farewell Conversation with Minister Noach Hacker

As the region enters a new strategic phase, Hudson is honored to host Minister Hacker for what promises to be a candid farewell discussion.

Getty Images
Featured Speakers:
Michael Doran
Noach Hacker