Civil Action. (1) Any customer who en- ters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (or any agent, em- ployee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to dis- close such information as required under sub- section (a), may recover in a civil action against the invention promoter (or the officers, direc- tors, or partners of such invention promoter), in addition to reasonable costs and attorneys’ fees— (A) the amount of actual damages incurred by the customer; or (B) at the election of the customer at any time before final judgment is rendered, statu- tory damages in a sum of not more than $5,000, as the court considers just. (2) Notwithstanding paragraph (1), in a case where the customer sustains the burden of proof, and the court finds, that the invention promoter intentionally misrepresented or omitted a mate- rial fact to such customer, or willfully failed to disclose such information as required under sub- section (a), with the purpose of deceiving that customer, the court may increase damages to not more than three times the amount awarded, taking into account past complaints made against the invention promoter that resulted in regulatory sanctions or other corrective actions based on those records compiled by the Commis- sioner of Patents under subsection (d).
Appears in 9 contracts
Sources: Patent Law, Liability of States, Instrumentalities of States, and State Officials for Infringement of Patents, Patent Amendment