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State Enjoys Patent Immunity

Publication Date: 
October 26, 2007
The Recorder
Zusha Elinson

The Recorder quotes Professor Mark Lemley on the unfair application of patent law when it comes to public versus private institutions:

Stanford Law School professor Mark Lemley, who specializes in IP law, said the Supreme Court is where the problem started.

"The fact that states can sue for patent infringement but are immune from being sued by others is a travesty of justice that should have been remedied long ago," said Lemley in an e-mail. "But it’s the Supreme Court’s travesty — the Federal Circuit decision was just following the Supreme Court’s rule."