Deep Dive Episode 104 – The Allen v. Cooper Decision, or, Blackbeard’s Revenge

The recent Supreme Court ruling in Allen v. Cooper 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 discusses 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.

John Cross

Grosscurth Professor of Law

University of Louisville


Ralph Oman

Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law

George Washington University Law School


Steven Tepp

President & CEO

Sentinel Worldwide


Ernest Young

Alston & Bird Professor of Law

Duke University School of Law


Intellectual Property

Federalist Society’s Intellectual Property Practice Group

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at rtp@regproject.org.

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