28 U.S.C. § 1928 : US Code - Section 1928: Patent infringement action; disclaimer not filed

Search 28 U.S.C. § 1928 : US Code - Section 1928: Patent infringement action; disclaimer not filed

Whenever a judgment is rendered for the plaintiff in any patent
infringement action involving a part of a patent and it appears
that the patentee, in his specifications, claimed to be, but was
not, the original and first inventor or discoverer of any material
or substantial part of the thing patented, no costs shall be
included in such judgment, unless the proper disclaimer has been
filed in the United States Patent and Trademark Office prior to the
commencement of the action.