35 U.S.C. § 296 : US Code - Section 296: Liability of States, instrumentalities of States, and State officials for infringement of patents

Search 35 U.S.C. § 296 : US Code - Section 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, including any governmental or
nongovernmental entity, for infringement of a patent under section
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 a
violation in a suit against any private entity. Such remedies
include damages, interest, costs, and treble damages under section
284, attorney fees under section 285, and the additional remedy for
infringement of design patents under section 289.
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