In a pair of letters on Tuesday, Sens. Thom Tillis and Patrick Leahy asked the U.S. Copyright Office and the U.S. Patent and Trademark Office to begin a study on the extent to which intellectual property owners are suffering infringement at the hands of state government. The request by the two members of the Senate Judiciary Committee comes after a notable Supreme Court opinion in March.
However, near the end of her opinion, Associate Justice Elena Kagan basically invited Congress to try again. "It is on this point that we request … expertise and advice," states the letter, adding that as part of the analysis the offices"should consider the extent to which such infringements appear to be based on intentional or reckless conduct."
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