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On March 23, 2020, the U.S. Supreme Court released a decision in Allen v. Cooper, which is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogate the sovereign immunity of States from intellectual property infringement suits. This all-star panel will discuss the Court’s most recent decision in the context of the evolution of the Court’s sovereign immunity jurisprudence, the policy concerns of Congress and intellectual property owners, and where we might go from here.

To discuss the case, in this special panel episode, we have:

Prof. Steven Tepp, Professorial Lecturer in Law, George Washington Law, and President and Founder of Sentinal Worldwide 

Prof. John T. Cross, Grosscurth Professor of Intellectual Property Law and Technology Transfer, University of Louisville Brandeis School of Law

Prof. Ralph Oman, Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law

Prof. Ernest A. Young, Alston & Bird Professor, Duke Law School


As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.