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« 17 USC Sec. 910 | Index | 17 USC Sec. 912 »
17 USC Sec. 911 - Civil actions
(a) Any court having jurisdiction of a civil action arising under
this chapter may grant temporary restraining orders, preliminary
injunctions, and permanent injunctions on such terms as the court
may deem reasonable to prevent or restrain infringement of the
exclusive rights in a mask work under this chapter.
(b) Upon finding an infringer liable, to a person entitled under
section 910(b)(1) to institute a civil action, for an infringement
of any exclusive right under this chapter, the court shall award
such person actual damages suffered by the person as a result of
the infringement. The court shall also award such person the
infringer's profits that are attributable to the infringement and
are not taken into account in computing the award of actual
damages. In establishing the infringer's profits, such person is
required to present proof only of the infringer's gross revenue,
and the infringer is required to prove his or her deductible
expenses and the elements of profit attributable to factors other
than the mask work.
(c) At any time before final judgment is rendered, a person
entitled to institute a civil action for infringement may elect,
instead of actual damages and profits as provided by subsection
(b), an award of statutory damages for all infringements involved
in the action, with respect to any one mask work for which any one
infringer is liable individually, or for which any two or more
infringers are liable jointly and severally, in an amount not more
than $250,000 as the court considers just.
(d) An action for infringement under this chapter shall be barred
unless the action is commenced within three years after the claim
accrues.
(e)(1) At any time while an action for infringement of the
exclusive rights in a mask work under this chapter is pending, the
court may order the impounding, on such terms as it may deem
reasonable, of all semiconductor chip products, and any drawings,
tapes, masks, or other products by means of which such products may
be reproduced, that are claimed to have been made, imported, or
used in violation of those exclusive rights. Insofar as
practicable, applications for orders under this paragraph shall be
heard and determined in the same manner as an application for a
temporary restraining order or preliminary injunction.
(2) As part of a final judgment or decree, the court may order
the destruction or other disposition of any infringing
semiconductor chip products, and any masks, tapes, or other
articles by means of which such products may be reproduced.
(f) In any civil action arising under this chapter, the court in
its discretion may allow the recovery of full costs, including
reasonable attorneys' fees, to the prevailing party.
(g)(1) Any State, any instrumentality of a State, and any officer
or employee of a State or instrumentality of a State acting in his
or her 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 a violation of any of the exclusive rights of the owner of a
mask work under this chapter, or for any other violation under this
chapter.
(2) In a suit described in paragraph (1) for a violation
described in that paragraph, remedies (including remedies both at
law and in equity) are available for the violation to the same
extent as such remedies are available for such a violation in a
suit against any public or private entity other than a State,
instrumentality of a State, or officer or employee of a State
acting in his or her official capacity. Such remedies include
actual damages and profits under subsection (b), statutory damages
under subsection (c), impounding and disposition of infringing
articles under subsection (e), and costs and attorney's fees under
subsection (f).
-SOURCE-
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3353; amended Pub. L. 101-553, Sec. 2(b)(2), Nov. 15, 1990, 104
Stat. 2750.)
-MISC1-
AMENDMENTS
1990 - Subsec. (g). Pub. L. 101-553 added subsec. (g).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-553 effective with respect to violations
that occur on or after Nov. 15, 1990, see section 3 of Pub. L.
101-553, set out as a note under section 501 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 913 of this title.
« 17 USC Sec. 910 | Index | 17 USC Sec. 912 »
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