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28 U.S.C. § 1929 — Extraordinary expenses not expressly au-

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1929 — Extraordinary expenses not expressly au-

Page 490 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1928 (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 96–349, § 3, Sept. 12, 1980, 94 Stat. 1156.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 829 (R.S. § 982). Word ‘‘personally’’ was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to ‘‘proctor’’ was omitted as covered by the revised section. See definition of ‘‘court of the United States’’ in sec- tion 451 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of mul- tiplication of proceedings for such prior authority to impose liability for increased costs based on mul- tiplication of proceedings. § 1928. Patent infringement action; disclaimer not filed Whenever a judgment is rendered for the plaintiff in any patent infringement action in- volving 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. (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973). Word ‘‘action’’ was substituted for ‘‘any suit at law or in equity’’ to conform with Rule 2 of the Federal Ru

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Source location: USCODE-2024-title28-partV-chap123-sec1929.pdf

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Page 490 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1928 (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 96–349, § 3, Sept. 12, 1980, 94 Stat. 1156.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 829 (R.S. § 982). Word ‘‘personally’’ was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to ‘‘proctor’’ was omitted as covered by the revised section. See definition of ‘‘court of the United States’’ in sec- tion 451 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of mul- tiplication of proceedings for such prior authority to impose liability for increased costs based on mul- tiplication of proceedings. § 1928. Patent infringement action; disclaimer not filed Whenever a judgment is rendered for the plaintiff in any patent infringement action in- volving 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. (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973). Word ‘‘action’’ was substituted for ‘‘any suit at law or in equity’’ to conform with Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘or decree’’ were omitted after ‘‘judgment,’’ because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a de- cree. Changes were made in phraseology. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘United States Pat- ent and Trademark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. § 1929. Extraordinary expenses not expressly au- thorized Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 577 (R.S. § 846; Feb. 18, 1875, ch. 80, § 1, Stat. 318; May 28, 1896, ch. 252, § 13, 29 Stat. 183; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1919, ch. 49, § 7, 40 Stat. 1182; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Provision for payment of expenses under section 577 of title 28, U.S.C., 1940 ed., from appropriations for ex- penses of the judiciary was omitted as unnecessary. Such expenses are carried in the Judiciary Appropria- tion Acts and will continue without this provision. The first sentence of said section 577 is incorporated in section 551 of this title. The qualifying phrase ‘‘under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary,’’ was omit- ted, and the functions of allowing extraordinary ex- penses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the At- torney General only has the information upon which to act. Changes were made in phraseology. § 1930. Bankruptcy fees (a) The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, the following filing fees: (1) For a case commenced under— (A) chapter 7 of title 11, $245, and (B) chapter 13 of title 11, $235. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title. (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $1,167. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6)(A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treas- ury, in each case under chapter 11 of title 11, other than under subchapter V, for each quar- ter (including any fraction thereof) until the case is converted or dismissed, whichever oc- curs first. The fee shall be $325 for each quar- ter in which disbursements total less than $15,000; $650 for each quarter in which disburse- ments total $15,000 or more but less than $75,000; $975 for each quarter in which disburse- ments total $75,000 or more but less than $150,000; $1,625 for each quarter in which dis- bursements total $150,000 or more but less than $225,000; $1,950 for each quarter in which dis- bursements total $225,000 or more but less than $300,000; $4,875 for each quarter in which dis- bursements total $300,000 or more but less than $1,000,000; $6,500 for each quarter in which dis- bursements total $1,000,000 or more but less than $2,000,000; $9,750 for each quarter in which

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1929 — Extraordinary expenses not expressly authorized

Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof.

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