U.S. Patent Act

..Part III. Patents and Protection of Patent Rights

....Chapt. 29. Remedies For Infringement of Patent, and Other Actions

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Sect. 296. Liability of States, instrumentalities of States, and State officials for infringement of patents

(a) In General - Any State, any instrumentality of a State and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, inlcuding any governmental or non-governmental entity, for infringement of a patent under section 271 [35 USCS Sect. 271], or for any other violation under this title.

(b) Remedies - In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 284 [35 USCS Sect. 284], attorney fees under section 285 [35 USCS Sect. 285], and the additional remedy for infringement of design patents under section 289 [35 USCS Sect. 289].

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