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
22
September 2026
In-Person Event | Hudson Institute
Colombia Recalibrates: Security, Stability, and the US Alliance
Featured Speakers:
Marcela Prieto Botero
Evan Ellis
Sergio Guzmán
Antonio Garrastazu
Daniel Batlle
Rubio
22
September 2026
In-Person Event | Hudson Institute
Colombia Recalibrates: Security, Stability, and the US Alliance

Join Hudson Institute for a panel that will examine how far de la Espriella can advance economic and security reforms without a legislative majority and how his approach will shape Colombia’s relations with the United States.

Rubio
Featured Speakers:
Marcela Prieto Botero
Evan Ellis
Sergio Guzmán
Antonio Garrastazu
Daniel Batlle
23
September 2026
In-Person Event | Hudson Institute
Tablet Magazine’s What Really Matters: A Live Episode at Hudson Institute
Featured Speakers:
Walter Russell Mead
Jeremy Stern
What really Matters
23
September 2026
In-Person Event | Hudson Institute
Tablet Magazine’s What Really Matters: A Live Episode at Hudson Institute

Join Hudson Institute and Tablet Magazine for an exclusive live recording of What Really Matters with Walter Russell Mead. Mead, the Ravenel B. Curry III Distinguished Fellow in Strategy and Statesmanship, and his cohost Jeremy Stern, editor in chief of Colossus, will bring their wide-ranging perspectives to help make sense of the news and understand the most consequential developments in American politics and world affairs.

What really Matters
Featured Speakers:
Walter Russell Mead
Jeremy Stern
23
September 2026
In-Person Event | Hudson Institute
Inertial Confinement Fusion Bolsters Strategic Deterrence
Featured Speakers:
Mark Herrmann
Keith LeChien
Rebeccah L. Heinrichs
Madelyn Creedon
engineers
23
September 2026
In-Person Event | Hudson Institute
Inertial Confinement Fusion Bolsters Strategic Deterrence

Join Hudson Institute’s Keystone Defense Initiative for a discussion of Inertial Confinement Fusion Is Key to America’s Nuclear Deterrent, a new memo authored by Senior Fellow Rebeccah Heinrichs and Former Principal Deputy Administrator of the National Nuclear Security Administration Madelyn Creedon.

engineers
Featured Speakers:
Mark Herrmann
Keith LeChien
Rebeccah L. Heinrichs
Madelyn Creedon
24
September 2026
In-Person Event | Hudson Institute
Ending Self-Imposed Scarcity: Expanding Defense Production with New Technology and Techniques
Featured Speakers:
Jeff Frankston
Andy Magliochetti
Rolf Ziesing
Bryan Clark
Nadia Schadlow
Jai Malik
drone
24
September 2026
In-Person Event | Hudson Institute
Ending Self-Imposed Scarcity: Expanding Defense Production with New Technology and Techniques

Join Hudson Institute for a discussion of how the DoW and industry are changing defense manufacturing for twenty-first century deterrence and combat.

drone
Featured Speakers:
Jeff Frankston
Andy Magliochetti
Rolf Ziesing
Bryan Clark
Nadia Schadlow
Jai Malik