42 U.S.C. § 2184: Injunctions; measure of…

Summary

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

Title 42, §2184

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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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