“Congress, however, barely considered the availability of state remedies for patent infringement and hence whether the States’ conduct might have amounted to a constitutional violation under the Fourteenth Amendment. It did hear a limited amount of testimony to the effect that the remedies available in some States were uncertain. The primary point made by these witnesses, however, was not that ...

You wouldn’t think that a state entity would have the right to seize your intellectual property any more than it would have the right to seize other forms of property without due process. But it can. In this podcast, I talk with filmmaker Rick Allen and copyright expert and advocate Kevin Madigan about the challenge that state sovereign immunity poses ...

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