6 Va. J.L. & Tech. 1 (2001)

handle is hein.journals/vjolt6 and id is 1 raw text is: 6 Va. J.L. & Tech. 1 (2001), at http://www.vjolt.net
1522-1687 / 2001 Virginia Journal of Law and Technology Association
VIRGINIA JOURNAL of LAW and TECHNOLOGY
UNIVERSITY OF VIRGINIA         SPRING 2001            6 VA. J.L. & TECH. 1
Patently Absurd:
Expanded State Immunity in the Global Knowledge Market
By Yvonne A. Tamayol
We live in a knowledge economy and patents are its foundation. 1Q
I.     Introduction
II.    The Eleventh Amendment and State Immunity
III.   Florida Prepad and Its Implications
IV.    Implications Of Florida Prepaid in the Current Knowledge Economy
V.     Conclusion
I.     Introduction
1. Recent Eleventh Amendment jurisprudence reflects an increasingly pronounced protective vigilance by a
majority of the Supreme Court M  over states' sovereign immunity.  This posture has resulted in a
frustration of Congressional attempts to render states amenable to suit in federal court through immunity
abrogation provisions in federal patent and trademark legislation as well as through other types of
legislation.  The Supreme Court's concern to protect states' sovereignty was particularly evident in
Florida Prepaid Postsecondary Educational Expense Board v. College Savings Bank.Ld In that case,
even though Congress had explicitly indicated its intent to waive the states' immunity from suit, the
United States Supreme Court held that sovereign immunity shields states from suit in federal court for
infringement of patent interests otherwise protected under the Patent and Plant Variety Protection
Remedy Clarification Act (Patent Remedy Act).U2
2.   This article will argue that the direction taken by the Supreme Court in Florida Prepaid and in other
recent cases in which the Court has interpreted the Eleventh Amendment marks an ill-founded and most
unfortunate departure from traditional Eleventh Amendment analysis.  Section II will provide a short

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