U.S. Code » Title 35 » Part PART III— PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

35 U.S.C. § 281

Remedy for infringement of patent

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A patentee shall have remedy by civil action for infringement of his patent.

Notes of Decisions
Cited in 421 cases (64 in the last 5 years), 1953–2026 · leading case: Akamai Tech., Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012).
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Akamai Tech., Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012). · cites it 4× “Judge Linn’s dissent also relies on another provision of the Patent Act, 35 U.S.C. § 281 , which states, “A pat- entee shall have remedy by civil action for infringement of his patent.”
Sicom Sys. Ltd. v. Agilent Tech., Inc., & Tektronix, Inc., & Lecroy Corp., 427 F.3d 971 (Fed. Cir. 2005). · cites it 3× “” 35 U.S.C. § 281 (2000). The term “patentee” comprises “not only the patentee to whom the patent was issued but also the successors in title to the patentee.”
Ericsson, Inc. v. D-Link Sys., Inc., 773 F.3d 1201 (Fed. Cir. 2014). · cites it 2× “See 35 U.S.C. § 281 (“A patentee shall have reme- dy by civil action for infringement of his patent.”
Mentor H/s, Inc. v. Med. Device All., Inc., Lysonix, Inc. & Misonix, Inc., Defendants-Appellees/cross-Appellants, 240 F.3d 1016 (Fed. Cir. 2001). · cites it 3× “The court, having considered the submissions of the parties, determines that Mentor did not have standing to bring the patent infringement suit without joining the patent owner.”
Diamond Coating Tech., LLC v. Hyundai Motor Am., 823 F.3d 615 (Fed. Cir. 2016). · cites it 3× “” 35 U.S.C. § 281 (2012) (emphasis added). A “ ‘patentee’ includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.”
Immunex Corp. v. Sandoz Inc., 964 F.3d 1049 (Fed. Cir. 2020). · cites it 3× “Borrowing from our 35 U.S.C. § 281 case law, Sandoz argues that an agreement that conveys “all sub- stantial rights” in a patent is tantamount to an assignment of ownership.”
Morrow Ex Rel. Gen. Unsecured Creditors' Liquidating Trust of at Home Corp. v. Microsoft Corp., 499 F.3d 1332 (Fed. Cir. 2007). · cites it 2× “" 35 U.S.C. § 281 , and the "patentee" includes the patentee to whom the patent was issued and the "successors in title to the patentee," 35 U.”
Intellectual Prop. Dev., Inc. v. Tci Cablevision of California, Inc., 248 F.3d 1333 (Fed. Cir. 2001). · cites it 2× “Article III and Prudential Standing Requirements Standing in a patent infringement case is derived from the Patent Act, which provides: “A patentee shall have remedy by civil action for infringement of his patent.”
Azure Networks, LLC v. Csr, Plc, 771 F.3d 1336 (Fed. Cir. 2014). · cites it 2× “2007) (citing 35 U.S.C. § 281 ); Speedplay, Inc. v. Bebop, Inc.”
Drone Tech., Inc. v. Parrot S.A., 838 F.3d 1283 (Fed. Cir. 2016). · cites it 2× “” 35 U.S.C. § 281 (2012) (emphasis added). A “patentee” is not lim- ited to the person to whom the patent issued, but also includes “successors in title to the patentee.”
Vapor Point LLC v. Moorhead, 832 F.3d 1343 (Fed. Cir. 2016). · cites it 2× “”); 35 U.S.C. § 281 ). The district court agreed with Vapor Point and dismissed the case.”
WiAV Solutions LLC v. Motorola, Inc., 631 F.3d 1257 (Fed. Cir. 2010). · cites it 2× “” 35 U.S.C. § 281 . The term “patentee” encompasses both the owner of the patent and the assignee of all substantial rights in the patent.”
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