Protecting Patent Owners from Infringement by the States: Will the Intellectual Property Rights Restoration Act of 1999 Finally Satisfy the Court?

The Intellectual Property Rights Restoration Act of 1999 (IPRRA), a Senate Bill currently making its way through Congress, seeks to provide a remedy for patent infringement by the states that Supreme Court will find constitutional. In this Comment, Part II will explore the history of state sovereign immunity under both the Eleventh Amendment and the common law. Part III examines Senate Bill 1835, also known as the Intellectual Property Rights Restoration Act of 1999. Part III looks at not only the substantive provisions of the IPRRA, but also at the legal arguments and policy concerns that support the Act.

Part IV looks at other possible solutions available to remedy the patent infringement-state sovereign immunity dilemma.Part V concludes by stating that the Court should uphold the IPRRA, if it is enacted, as a valid act of Congress which provides an effective and meaningful remedy to private patentees while advancing the policies behind both patent law and the doctrine of state sovereign immunity.