Heads, I win! Tails, I win! That is essentially how the state of California views the issue of patent infringement. States own thousands of patents and raise millions by licensing them — and that is good innovation policy. And, when someone infringes their patents, they aggressively use the federal courts to enforce their rights. Yet, when states violate the rights of other inventors and innovators, they unfairly hide under a troubling view of the 11 Amendment’s sovereign immunity to get off scot-free. This is bad innovation policy.
Perhaps Delrahim should read Florida Prepaid Postsecondary before making incorrect statements [scot-free]. States must provide a forum in which to be sued. Not unlike suing the FEDERAL government in the Court of Claims. Irresponsible journalism by Delrahim.