35 USF L. Rev. 407, 2001
DURING THE SUMMER of 1999, the United States Supreme Court delivered a pair of decisions that have been the subject of much discussion among Intellectual Property (“IP”) practitioners.1 The first case, Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank,2 held that Congress could not constitutionally abrogate a state’s sovereign immunity by permitting private parties to bring a lawsuit for patent infringement against the state under the Patent and Plant Variety Protection Remedy Clarification Act 3 (“PRCA”). 4 The companion case, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board,5 further held that Congress could not constitutionally abrogate a state’s sovereign immunity by permitting private parties to bring a trademark infringement suit against the state under the Trademark Remedy Clarification Act 6 (“TRCA”).7
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