facts set forth in the complaint, we may also consider documents attached thereto and incorporated by reference therein, Automated Salvage Transport, Inc. v. Wheelabrator Envtl. Sys., Inc., 155 F.3d 59, 67 (2nd Cir.1998), as well as matters of public record. Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67, 75 (2d Cir.1998). II. Motion to Dismiss Copyright Claim Against Defendants CUNY and Institute Relying on this Court’s earlier determination that the Calandra Institute and CUNY be treated as arms of the State for Eleventh Amendment purposes and on the Supreme Court’s holding that states could not be sued for trademark violations unless they waived their Eleventh Amendment immunity, Florida Prepaid v. College Savings Bank, 527 U.S. 627, 636, 119 S.Ct. 2199, 144 L.Ed.2d 575 (1999) (<HOLDING>), these defendants maintain that they are
holding that congress may abrogate a states immunity pursuant to its enforcement power under  5 of the fourteenth amendment holding that states likewise retain immunity from private suit in their own courts which congress may not abrogate by article i legislation holding that congress had no power under article i to abrogate state sovereign immunity holding that congress could not abrogate state sovereign immunity pursuant to the patent clause of article i holding that in an earlier version of 11 u s c  106 congress had failed to make sufficiently clear its intent to abrogate state sovereign immunity