FREE BOOKS

Author's List




PREV.   NEXT  
|<   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227  
228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   >>   >|  
ringement 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). Section 912. Relation to other laws [7] (a) Nothing in this chapter shall affect any right or
PREV.   NEXT  
|<   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227  
228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   >>   >|  



Top keywords:

chapter

 

violation

 
products
 

subsection

 

remedies

 

paragraph

 

instrumentality

 
including
 

action

 

rights


exclusive

 

reproduced

 

capacity

 
disposition
 
entity
 

infringing

 

articles

 
official
 

impounding

 

damages


employee
 

officer

 
acting
 

semiconductor

 

reasonable

 

doctrine

 

immunity

 

sovereign

 

immune

 
Nothing

affect

 

Eleventh

 

Amendment

 
United
 

Constitution

 
States
 
private
 

attorney

 

Section

 
include

profits

 
statutory
 
actual
 

public

 

nongovernmental

 

governmental

 

person

 
Relation
 
extent
 

equity