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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