Legal Opinion
College Savings Bank, and United States v. Florida Prepaid Postsecondary Education Expense Board
Court of Appeals for the Second Circuit
Decided June 30, 1998No. 97-1246PublishedCited by 13 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
This case requires us to determine whether the Eleventh Amendment bars a federal suit for patent infringement against a non-consenting state. The district court held that it did not and denied Florida Prepaid Postsecondary Education Expense Board’s (Florida Prepaid’s) motion to dismiss for lack of subject matter jurisdiction. Because Congress clearly expressed its intent to abrogate state sovereign immunity for patent infringement suits brought in federal courts, and because Congress abrogated state immunity pursuant to a valid exercise of power, we affirm the…
2Cases cited57 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Goldberg v. KellySupreme Court of the United States · 1970
- Paul v. DavisSupreme Court of the United States · 1976
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
52 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Florida Prepaid Postsecondary Education Expense Board v. College Savings BankSupreme Court of the United States · 1999
- Biomedical Patent Management Corp. v. CaliforniaCourt of Appeals for the Federal Circuit · 2007
- Tekelec, Incorporated v. Verint Systems, IncorporaCourt of Appeals for the Fifth Circuit · 2013
- Albert J. Velasquez v. Dorothy J. Frapwell and the Trustees of Indiana University, and United States of America, InterveningCourt of Appeals for the Seventh Circuit · 1998
- State Contracting & Engineering Corp. v. FloridaCourt of Appeals for the Federal Circuit · 2001
8 more not listed; retrieve them via the Exa API.