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42 U.S.C. § 2184 — Injunctions; measure of damages

submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court may not stop a patent licensee from using an invention to the extent the use is licensed under the cited provisions. If the licensee is exercising the license, damages are the stated royalty plus court-fixed costs, interest, and reasonable attorney fees; unpaid royalties may be sued for.

No court has jurisdiction or power to stay, restrain, or otherwise stop a patent licensee's use of an invention or discovery to the extent section 2183(b) or (e) of this title licenses that use. If a court determines in an action against the licensee that the defendant is exercising the license, damages are the royalty fee determined under section 2187(c) of this title, plus costs, interest, and reasonable attorney fees fixed by the court. If no royalty fee has been determined, the court must pause the case until that fee is determined under section 2187(c). If the licensee fails to pay the royalty, the patent owner may sue in any court with jurisdiction for the royalty plus court-fixed costs, interest, and reasonable attorney fees.

the actual law source: uscode.house.gov ↗public domain

No court shall have jurisdiction or power to stay, restrain, or otherwise enjoin the use of any invention or discovery by a patent licensee, to the extent that such use is licensed by section 2183(b) or 2183(e) of this title. If, in any action against such patent licensee, the court shall determine that the defendant is exercising such license, the measure of damages shall be the royalty fee determined pursuant to section 2187(c) of this title, together with such costs, interest, and reasonable attorney’s fees as may be fixed by the court. If no royalty fee has been determined, the court shall stay the proceeding until the royalty fee is determined pursuant to section 2187(c) of this title. If any such patent licensee shall fail to pay such royalty fee, the patentee may bring an action in any court of competent jurisdiction for such royalty fee, together with such costs, interest, and reasonable attorney’s fees as may be fixed by the court.

Source credit: (Aug. 1, 1946, ch. 724, title I, § 154, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 946; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 946
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2944

A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.

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