Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank

Justice Stevens,

with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, dissenting.

The Constitution vests Congress with plenary authority over patents and copyrights. U. S. Const., Art. I, §8, cl. 8. Nearly 200 years ago, Congress provided for exclusive jurisdiction of patent infringement litigation in the federal courts.1 See Campbell v. Haverhill, 155 U. S. 610, 620 *649(1895). In 1992 Congress clarified that jurisdictional grant by an amendment to the patent law that unambiguously authorizes patent infringement actions against States, state instrumentalities, and any officer or…