§2184 — Title 42 The Public Health and Welfare | U.S. Code

Summary

A court cannot stop a patent licensee from using an invention when that use is allowed under sections 2183(b) or 2183(e). If a court finds the licensee is using the invention, the damages are the royalty set under section 2187(c) plus costs, interest, and reasonable attorney’s fees. If no royalty is set, the court must pause the case until section 2187(c) sets it. If the licensee won’t pay, the patentee can sue to collect the unpaid royalty, costs, interest, and fees.

Title 42, §2184

The Public Health and Welfare — Source: USLM XML via OLRC

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.

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1811(c)(3) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

§2184 Injunctions; measure of damages

Summary

Title 42, §2184

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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