25
October 2021
Past Event
Virtual Event | IP Infringement and State Sovereign Immunity

Virtual Event | IP Infringement and State Sovereign Immunity

Past Event
Online Only
October 25, 2021
25
October 2021
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
Osenga
Kristen J. Osenga

Contributor, Intellectual Property Forum

Kevin Madigan

Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

Rick Allen

Co-Founder, Executive Producer, and Director, Nautilus Productions

hartline
Devlin Hartline

Senior Fellow

Please be advised: This event will premiere on this page at 12:00 p.m. EDT, Monday, October 25. Register for the event here

Join Hudson Institute Legal Fellow Devlin Hartline and expert panelists Kristen Osenga, Kevin Madigan, and Rick Allen to discuss state sovereign immunity for intellectual property infringement.

Under the Eleventh Amendment of the U.S. Constitution, states enjoy sovereign immunity that generally prevents individuals from suing states in federal court for monetary damages or injunctive relief. In the early 1990s, Congress passed legislation abrogating state sovereign immunity for patent, trademark, and copyright infringement, thus allowing lawsuits against states for intellectual property infringements. However, the courts have held that Congress did not have the authority to abrogate sovereign immunity using its powers under the Commerce Clause and Intellectual Property Clause of Article I.

The Supreme Court has indicated that Congress can use its power under the Fourteenth Amendment to abrogate state sovereign immunity, but it must first show that states' infringements are widespread and persistent, intentional or reckless, and unremedied under state law. So far, the courts held that Congress did not have an adequate record when it attempted abrogation in the early 1990s. The U.S. Patent and Trademark Office and the U.S. Copyright Office recently conducted studies to gauge the extent and character of infringements by states. The panelists will discuss the problems of state infringements and explore whether Congress now has enough evidence to abrogate state sovereign immunity for intellectual property infringements. Please join Hudson Institute for this important discussion.

Related Events
24
March 2026
In-Person Event | Invite Only
Operation Epic Fury: Strategy, State of Play, and Theories of Victory
Featured Speakers:
Michael Doran
David Albright
Can Kasapoğlu
Rebeccah L. Heinrichs
Ray Takeyh
Nadav Samin
Ilan Berman
Zineb Riboua
H.E. Yechiel Leiter
Joel Scanlon
Mariam Memarsadeghi
Getty Images
24
March 2026
In-Person Event | Invite Only
Operation Epic Fury: Strategy, State of Play, and Theories of Victory

This conference convenes leading experts and policymakers to examine why the conflict began, assess the current state of play, and explore competing theories of victory.

Getty Images
Featured Speakers:
Michael Doran
David Albright
Can Kasapoğlu
Rebeccah L. Heinrichs
Ray Takeyh
Nadav Samin
Ilan Berman
Zineb Riboua
H.E. Yechiel Leiter
Joel Scanlon
Mariam Memarsadeghi
25
March 2026
In-Person Event | Hudson Institute
Operation Epic Fury and the Future of Warfare: A Conversation with Senator Joni Ernst
Featured Speakers:
Peter Rough
Senator Joni Ernst (R-IA)
John P. Walters
Getty Images
25
March 2026
In-Person Event | Hudson Institute
Operation Epic Fury and the Future of Warfare: A Conversation with Senator Joni Ernst

Please Join Senator Joni Ernst (R-IA), a member of the Senate Homeland Security and Armed Services Committees, for a discussion with Senior Fellow and Director of the Center on Europe and Eurasia Peter Rough on Operation Epic Fury, the future of American foreign policy in the Middle East, and how the conflict is shaping the future of warfare and strategy.

Getty Images
Featured Speakers:
Peter Rough
Senator Joni Ernst (R-IA)
John P. Walters
25
March 2026
In-Person Event | Invite Only
Postponed | Updating US Trade Policy: A Discussion on the Strategic and Economic Importance of Central Asia with Congressman Jimmy Panetta (D-CA)
Featured Speakers:
Michael Doran
Congressman Jimmy Panetta
Image
25
March 2026
In-Person Event | Invite Only
Postponed | Updating US Trade Policy: A Discussion on the Strategic and Economic Importance of Central Asia with Congressman Jimmy Panetta (D-CA)

Please Join Congressman Jimmy Panetta (D-CA) and Senior Fellow Michael Doran for a discussion on the region’s significance and why updating US trade policy is key to unlocking its potential in an era of renewed great power competition.

Image
Featured Speakers:
Michael Doran
Congressman Jimmy Panetta
27
March 2026
In-Person Event | Hudson Institute
Congressman Michael Baumgartner on Operation Epic Fury and U.S. Strategy
Featured Speakers:
Michael Doran
Congressman Michael Baumgartner
Getty images
27
March 2026
In-Person Event | Hudson Institute
Congressman Michael Baumgartner on Operation Epic Fury and U.S. Strategy

Together, Baumgartner and Doran will examine the objectives and risks of Operation Epic Fury, the broader regional implications, and the policy choices facing Washington in the weeks ahead.

Getty images
Featured Speakers:
Michael Doran
Congressman Michael Baumgartner