U.S. Supreme Court,
Intellectual Property,
Civil Litigation
Apr. 3, 2020
Copyright ruling sheds light on stare decisis debate
In Allen v. Cooper, the U.S. Supreme Court unanimously held that the Copyright Remedy Clarification Act of 1990, which authorizes copyright holders to sue states for infringement, does not validly abrogate states’ sovereign immunity.
J. Max Rosen
Litigation Associate
Munger, Tolles & Olson LLP
In Allen v. Cooper, the U.S. Supreme Court unanimously held that the Copyright Remedy Clarification Act of 1990, which authorizes copyright holders to sue states for infringement, does not validly abrogate states' sovereign immunity. On cursory review, the decision appears susceptible to two easy narratives: As a unanimous intellectual property decision, it seems to be a respite from the ongoing battle between so-called "conservative" and "...
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