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Federal law — U.S. Code and appendices · legal_authorities
The court in exceptional cases may award reasonable attorney fees to the prevailing party.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2565
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Source file: Laws/federal/codes/united-states-code/title-7/section-2565-attorney-fees--c2edbcc026.md
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Passage SHA-256: 02324a99eb11334ffe7afd5a85178188e4c05ba1c599d79710c915a42bb4a4ac
Source location: Title 7, Chapter 57, § 2565; chapter-057-plant-variety-protection.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, 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 plant variety protection under [section 2541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2541&num=0&edition=prelim), or for any other violation under this subchapter. **(b)** 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 2564 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2564&num=0&edition=prelim), and attorney fees under [section 2565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2565&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2570
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Federal law — U.S. Code and appendices · legal_authorities
Page 1511 TITLE 7—AGRICULTURE § 2568 ther event the court may increase the damages up to three times the amount determined. (c) The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the cir- cumstances. (d) As to infringement prior to, or resulting from a planting prior to, issuance of a certifi- cate for the infringed variety, a court finding the infringer to have established innocent inten- tions, shall have discretion as to awarding dam- ages. (Pub. L. 91–577, title III, § 124, Dec. 24, 1970, 84 Stat. 1556.) § 2565. Attorney fees The court in exceptional cases may award rea- sonable attorney fees to the prevailing party. (Pub. L. 91–577, title III, § 125, Dec. 24, 1970, 84 Stat. 1556.) § 2566. Time limitation on damages (a) No recovery shall be had for that part of any infringement committed more than six years (or known to the owner more than one year) prior to the filing of the complaint or counterclaim for infringement in the action. (b) In the case of claims against the United States Government for unauthorized use of a protected variety, the period between the date of receipt of written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that the claim has been denied shall not be counted as part of the period re- ferred to in the preceding paragraph. (Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84 Stat. 1556; Pub. L. 103–349, § 13(u), Oct. 6, 1994, 108 Stat. 3144.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–349 substituted ‘‘the’’ for ‘‘his’’ before ‘‘claim has been denied’’. Statutory Notes and Related Subsidiarie
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2565
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