Section 911. Civil actions [6]
(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.
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