7 U.S.C. § 2566

Time limitation on damages

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(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 referred 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 NotesAmendments

1994—Subsec. (b). Pub. L. 103–349 substituted “the” for “his” before “claim has been denied”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2021 · leading case: Arizona Grain Inc. v. Barkley Ag Enter. LLC (D. Ariz. 2019).

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Arizona Grain Inc. v. Barkley Ag Enter. LLC (D. Ariz. 2019). · cites it 2× “20 Defendants additionally argue that NAB’s Counterclaims fail to state a claim for 21 PVPA infringement pursuant to 7 U.S.C. § 2566 , which requires the filing of a complaint 22 or counterclaim for infringement within one year of the infringement being “known to the 23 owner.”

Arizona Grain Inc. v. Barkley Ag Enter. LLC (D. Ariz. 2021). “7 U.S.C. § 2566 (a) is titled “[t]ime limitation on 18 damages” and provides that “[n]o recovery shall be had for that part of any infringement 19 committed more than six years (or known to the owner more than one year) prior to the 20 filing of the complaint or counterclaim for…”

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