US Codex
U.S.C.
Notes

§271. Infringement of patent — Inbound Citations

35 U.S.C. § 271

Cited by 11 provisions in release 119-102.

Citations to 35 U.S.C. § 271 as a whole

  • 35 U.S.C. § 296(a)
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    (a) 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.

Citations to §271(a)

  • 35 U.S.C. § 287(c)(1)
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    (1) With respect to a medical practitioner’s performance of a medical activity that constitutes an infringement under section 271(a) or (b), the provisions of sections 281, 283, 284, and 285 shall not apply against the medical practitioner or against a related health care entity with respect to such medical activity.

Citations to §271(e)(2)

  • 35 U.S.C. § 299(a)
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    (a) With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—
    (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and
    (2) questions of fact common to all defendants or counterclaim defendants will arise in the action.

Citations to §271(e)(2)(A)

Citations to §271(e)(4)(A)

Citations to §271(g)

  • 35 U.S.C. § 287(b)(1)
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    (1) An infringer under section 271(g) shall be subject to all the provisions of this title relating to damages and injunctions except to the extent those remedies are modified by this subsection or section 9006 of the Process Patent Amendments Act of 1988. The modifications of remedies provided in this subsection shall not be available to any person who—
    (A) practiced the patented process;
    (B) owns or controls, or is owned or controlled by, the person who practiced the patented process; or
    (C) had knowledge before the infringement that a patented process was used to make the product the importation, use, offer for sale, or sale of which constitutes the infringement.
  • 35 U.S.C. § 287(b)(2)
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    (2) No remedies for infringement under section 271(g) shall be available with respect to any product in the possession of, or in transit to, the person subject to liability under such section before that person had notice of infringement with respect to that product. The person subject to liability shall bear the burden of proving any such possession or transit.
  • 35 U.S.C. § 287(b)(3)(A)
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    (A) In making a determination with respect to the remedy in an action brought for infringement under section 271(g), the court shall consider—
    (i) the good faith demonstrated by the defendant with respect to a request for disclosure,
    (ii) the good faith demonstrated by the plaintiff with respect to a request for disclosure, and
    (iii) the need to restore the exclusive rights secured by the patent.
  • 35 U.S.C. § 287(b)(4)(A)
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    (A) For purposes of this subsection, a “request for disclosure” means a written request made to a person then engaged in the manufacture of a product to identify all process patents owned by or licensed to that person, as of the time of the request, that the person then reasonably believes could be asserted to be infringed under section 271(g) if that product were imported into, or sold, offered for sale, or used in, the United States by an unauthorized person. A request for disclosure is further limited to a request—
    (i) which is made by a person regularly engaged in the United States in the sale of the same type of products as those manufactured by the person to whom the request is directed, or which includes facts showing that the person making the request plans to engage in the sale of such products in the United States;
    (ii) which is made by such person before the person’s first importation, use, offer for sale, or sale of units of the product produced by an infringing process and before the person had notice of infringement with respect to the product; and
    (iii) which includes a representation by the person making the request that such person will promptly submit the patents identified pursuant to the request to the manufacturer, or if the manufacturer is not known, to the supplier, of the product to be purchased by the person making the request, and will request from that manufacturer or supplier a written statement that none of the processes claimed in those patents is used in the manufacture of the product.