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Constitutional Law Keyed to Choper
Florida Prepaid Postsecondary Expense Board v. College Savings Bank
Citation:
527 U.S. 627 (1999)Facts
College Savings Bank marketed and sold certificates of deposit known as the CollegeSure CD, designed to help individuals finance college costs. College Savings obtained a patent for its financing methodology. Florida Prepaid, an entity created by the Florida legislature, administered a tuition prepayment program that College Savings claimed infringed on its patent. College Savings filed a patent infringement action against Florida Prepaid in the United States District Court for the District of New Jersey. Florida Prepaid moved to dismiss the action on sovereign immunity grounds, but the District Court denied the motion, holding that Congress had validly abrogated state sovereign immunity in the Patent Remedy Act. The Federal Circuit affirmed, and Florida Prepaid appealed to the Supreme Court.
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