§ 911. — Civil actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC911]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
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).
(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.)
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.
Section Referred to in Other Sections
This section is referred to in section 913 of this title.
