Cite as: 527 U. S. 627 (1999)
Stevens, J., dissenting
arena increase, the impact of the statute will likewise expand in precise harmony with the growth of the problem that Congress anticipated and sought to prevent. In either event the statute will have no impact on the States' enforcement of their own laws. None of the concerns that underlay our decision in City of Boerne are even remotely implicated in this case.
The Patent Remedy Act merely puts States in the same position as all private users of the patent system,14 and in
virtually the same posture as the United States.15 "When
14 As the Senate said in its Report on the Act, "the current state of the law leaves the protection afforded to patent and trademark holders dependant on the status of the infringing party. A public school such as UCLA can sue a private school such as USC for patent infringement, yet USC cannot sue UCLA for the same act." S. Rep. No. 102-280, p. 9 (1992).
15 The majority's assertion that "the Patent Remedy Act does not put States in the same position as the United States," ante, at 648, n. 11, is misleading. In the case of private infringement suits, treble damages are available only "where the infringer acted in wanton disregard of the patentee's patent rights, that is, where the infringement is willful." Read Corp. v. Portec, Inc., 970 F. 2d 816, 826 (CA Fed. 1992) (reversing the District Court's award of enhanced damages). "On the other hand, a finding of willful infringement does not mandate that damages be enhanced, much less mandate treble damages." Ibid. Attorney's fees are available only in "exceptional" circumstances. 35 U. S. C. § 285. Once it has determined that the case is "exceptional," the district court has discretion whether or not to award attorney's fees and the fees "must be reasonable." Gentry Gallery, Inc. v. Berkline Corp., 134 F. 3d 1473, 1480 (CA Fed. 1998). In addition, attorney's fees are available in limited circumstances in suits against the United States. Ante, at 648, n. 11.
The remaining differences between the United States' waiver of sovereign immunity and the Patent Remedy Act are supported by quintessentially federal concerns. This Court has found that "the procurement of equipment by the United States is an area of uniquely federal interest." Boyle v. United Technologies Corp., 487 U. S. 500, 507 (1988). Indeed, the importance of the federal interest in military procurement led this Court to fashion the doctrine of "Government contractors' immunity" without waiting for Congress to consider the question. Id., at 531 (Stevens, J., dissenting). Injunctions are not available against the United States be-
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