urpose of
teaching, analyzing, or evaluating the concepts or techniques embodied
in the mask work or the circuitry, logic flow, or organization of
components used in the mask work; or
(2) a person who performs the analysis or evaluation described in
paragraph (1) to incorporate the results of such conduct in an original
mask work which is made to be distributed.
(b) Notwithstanding the provisions of section 905(2), the owner of a
particular semiconductor chip product made by the owner of the mask
work, or by any person authorized by the owner of the mask work, may
import, distribute, or otherwise dispose of or use, but not reproduce,
that particular semiconductor chip product without the authority of the
owner of the mask work.
Section 907. Limitation on exclusive rights: innocent infringement
(a) Notwithstanding any other provision of this chapter, an innocent
purchaser of an infringing semiconductor chip product-
(1) shall incur no liability under this chapter with respect to the
importation or distribution of units of the infringing semiconductor
chip product that occurs before the innocent purchaser has notice of
protection with respect to the mask work embodied in the semiconductor
chip product; and
(2) shall be liable only for a reasonable royalty on each unit of the
infringing semiconductor chip product that the innocent purchaser
imports or distributes after having notice of protection with respect to
the mask work embodied in the semiconductor chip product.
(b) The amount of the royalty referred to in subsection (a)(2) shall be
determined by the court in a civil action for infringement unless the
parties resolve the issue by voluntary negotiation, mediation, or
binding arbitration.
(c) The immunity of an innocent purchaser from liability referred to in
subsection (a)(1) and the limitation of remedies with respect to an
innocent purchaser referred to in subsection (a)(2) shall extend to any
person who directly or indirectly purchases an infringing semiconductor
chip product from an innocent purchaser.
(d) The provisions of subsections (a), (b), and (c) apply only with
respect to those units of an infringing semiconductor chip product that
an innocent purchaser purchased before having notice of protection with
respect to the mask work embodied in the semiconductor chip product.
Section 908. Registration of claims of protection
(a) The owner of a mask work may apply to the Register of C
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