Litigation

University of Arkansas has Sovereign Immunity From Copyright Infringement Lawsuit

By H. William Allen et al.

The Eastern District of Arkansas dismissed a copyright infringement case based on sovereign immunity in InfoMath, Inc. v. University of Arkansas, 2007 WL 4562878 (E.D. Ark. 12/21/07).

In 2000, InfoMath contracted with the University of Arkansas at Little Rock to provide an internet based pre-calculus course. UALR dissolved the contract in 2001 but continued to use the course materials; InfoMath claims it owns the copyright in the course materials. The Arkansas Claims Commission ("ACC") awarded InfoMath $15,000 for the balance of the contract. Unhappy with the result, InfoMath brought this suit against the university and two individual employees.

InfoMath argued that the Copyright Remedy Clarification Act ("CRCA") abrogated Eleventh Amendment Immunity. This is a troublesome argument because the Supreme Court has already struck down as unconstitutional the CRCA's companion statutes, the Patent Remedy Act and Trademark Remedy Clarification Act. Numerous lower courts have already held the CRCA is unconstitutional. The district court sided with the great weight of authority and held that the CRCA is unconstitutional.

InfoMath's final argument was that the ACC's award was insufficient and violated the Fourteenth Amendment. The court disagreed and noted that, while InfoMath sought additional relief, the award was not so inadequate that it violated the Fourteenth Amendment.

Full post as published by Arkansas Business Litigation Blog on January 07, 2008 (boomark / email).