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
17
November 2026
In-Person Event | Hudson Institute
The Tenth US-ROK Joint Public-Private Economic Forum: Advancing Economic Security and Industrial Strength
Featured Speakers:
Kim Jina
Senator Bill Hagerty
Kurt Campbell
Elaine L. Chao
Ambassador Joseph Y. Yun
Wendy Cutler
Michael Coulter
Brent Sadler
Troy Stangarone
Arielle Roth
Jane Nakano
Nick Snyder
Sek Hwan Hong
Jiyoon Lee
Kayla T. Orta
Scott Snyder
Cordell Hull
Moderators:
Patrick M. Cronin
Brigham A. McCown
Bryan Clark
SK Flag
17
November 2026
In-Person Event | Hudson Institute
The Tenth US-ROK Joint Public-Private Economic Forum: Advancing Economic Security and Industrial Strength

Join Hudson Institute for the tenth United States–Republic of Korea Joint Public-Private Economic Forum on November 17.

SK Flag
Featured Speakers:
Kim Jina
Senator Bill Hagerty
Kurt Campbell
Elaine L. Chao
Ambassador Joseph Y. Yun
Wendy Cutler
Michael Coulter
Brent Sadler
Troy Stangarone
Arielle Roth
Jane Nakano
Nick Snyder
Sek Hwan Hong
Jiyoon Lee
Kayla T. Orta
Scott Snyder
Cordell Hull
Moderators:
Patrick M. Cronin
Brigham A. McCown
Bryan Clark
17
November 2026
In-Person Event | Hudson Institute
Overcoming US-ROK Alliance Challenges: Trade, Technology, and China
Featured Speakers:
David Feith
Patrick M. Cronin
Ely Ratner
Trevor Wagener
Matt Mowers
SK Flag
17
November 2026
In-Person Event | Hudson Institute
Overcoming US-ROK Alliance Challenges: Trade, Technology, and China

Join Hudson Institute for a conversation with David Feith, Patrick M. Cronin, Ely Ratner, Trevor Wagener, and Matt Mowers on these challenges. The discussion will consider Wagener’s recent Computer and Communications Industry Association report, The KFTC’s Uneven Hand, which examines disparities in South Korea’s competition enforcement against American, Korean, and Chinese companies.

SK Flag
Featured Speakers:
David Feith
Patrick M. Cronin
Ely Ratner
Trevor Wagener
Matt Mowers
18
November 2026
In-Person Event | Hudson Institute
Rebuilding the Arsenal of Freedom and Reindustrializing America
Featured Speakers:
Congressman Mike Rogers
Nadia Schadlow
mr
18
November 2026
In-Person Event | Hudson Institute
Rebuilding the Arsenal of Freedom and Reindustrializing America

Join House Armed Services Committee Chairman Mike Rogers (AL-03) for a fireside discussion with Senior Fellow Nadia Schadlow on Congress’s role in revitalizing America’s defense industrial base.
 

mr
Featured Speakers:
Congressman Mike Rogers
Nadia Schadlow
19
November 2026
In-Person Event | Hudson Institute
Peace Through Strength: How Reagan’s Military Buildup Won the Cold War
Featured Speakers:
Roger Zakheim
Nadia Schadlow
Roger Zakheim
19
November 2026
In-Person Event | Hudson Institute
Peace Through Strength: How Reagan’s Military Buildup Won the Cold War

Join Hudson Institute for a conversation with Senior Fellow Nadia Schadlow and Roger Zakheim, director of the Ronald Reagan Presidential Foundation and Institute, to discuss Peace Through Strength and what President Reagan’s buildup can teach US policymakers today. 

Roger Zakheim
Featured Speakers:
Roger Zakheim
Nadia Schadlow