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FLORIDA PREPAID POSTSECONDARY ED. EXPENSE BOARD v. COLLEGE SAVINGS BANK

No. 98-531.

527 U.S. 627 (1999)

119 S.Ct. 2199

144 L.Ed.2d 575

FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD v. COLLEGE SAVINGS BANK et al.

Supreme Court of United States.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Jonathan A. Glogau, Assistant Attorney General of Florida, argued the cause for petitioner. With him on the briefs were Louis F. Hubener, Assistant Attorney General, Anne S. Mason, Joseph C. Mason, Jr., William B. Mallin, Lewis F. Gould, Jr., and Joseph M. Ramirez.

Kevin J. Culligan argued the cause for respondent College Savings Bank. With him on the brief were Steven C. Cherny and Robert W. Morris.

Solicitor General Waxman argued the cause for the United States, respondent under this Court's Rule 12.6, urging affirmance. With him on the brief were Acting Assistant Attorney General Ogden, Deputy Solicitor General Wallace, Paul R. Q. Wolfson, and Mark B. Stern.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J.,filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 648.

Chief Justice Rehnquist delivered the opinion of the Court.

In 1992, Congress amended the patent laws and expressly abrogated the States' sovereign immunity from claims of patent infringement. Respondent College Savings then sued the State of Florida for patent infringement, and the Court of Appeals held that Congress had validly abrogated the State's sovereign immunity from infringement suits pursuant to its authority under...

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