rights signaling system, including an agreement of 
the parties as described in subsection (b), the Direc-
tor of the Patent and Trademark Office shall con-
sider the impact on content owners, content distribu-
tors, consumers, manufacturers, and competition 
generally in all affected markets resulting from the 
failure to adopt such improvements, as well as from 
the adoption of such improvements. As part of the 
determination, the Director shall examine— 
(A) the licensing terms under which im-
provements would be licensed, ensuring that the 
licensing terms will impose no materially great-
er burdens than those terms already established 
for the VEIL portion of the rights signaling 
system; 
(B) the intellectual property rights impli-
cated by the improvements; and 
(C) the effect of the improvements on 
interoperability of consumer audiovisual prod-
ucts (including consumer electronic and infor-
mation technology products capable of receiv-
ing, displaying, or recording programs). 
(2) DISCLOSURE OF INTELLECTUAL PROPERTY 
RIGHTS.—The Director of the Patent and Trade-
mark Office shall require those parties participating
or filing comments in the process of making a deter-
mination under this section to disclose any material 
intellectual property rights in improvements under 
consideration. 
(3) TIMETABLE
FOR
IMPLEMENTATION.—The 
Director of the Patent and Trademark Office shall 
determine the appropriate timetable for implementa-
tion of any improvements adopted under this sec-
tion, giving due consideration to the generally ac-
cepted manufacturing cycle of 18 months in a case 
involving 
improvements 
that 
require 
material 
changes to the design or implementation of detec-
tors. 
(4) PETITIONS FOR RECONSIDERATION.—After 
issuing a final rule under this section, the Director 
of the Patent and Trademark Office shall permit 
and consider petitions for reconsideration of the rule 
that are filed. 
SEC. 106. CIVIL REMEDIES. 
(a) CIVIL ACTIONS.—Any person injured by a viola-
tion of section 101 may bring a civil action in an appro-
priate United States district court on account of such vio-
lation. 
(b) POWERS OF THE COURT.—In an action brought 
under subsection (a), the court—
(1) may grant temporary and permanent in-
junctions on such terms as it deems reasonable to 
prevent or restrain the violation of section 101; 
(2) at any time while an action is pending, may 
order the impounding, on such terms as it deems 
reasonable, of any device or product that is in the 
custody or control of the alleged violator and that 
the court has reasonable cause to believe was in-
volved in the violation; 
(3) may award damages under subsection (c); 
(4) in its discretion may allow the recovery of 
costs by or against any party other than the United 
States or an officer thereof; 
(5) in its discretion may award reasonable at-
torney’s fees to the prevailing party; and 
(6) may, as part of a final judgment or decree 
finding a violation, order the remedial modification 
or the destruction of any device or product involved 
in the violation that is in the custody or control of 
the violator or has been impounded under paragraph 
(2). 
(c) AWARD OF DAMAGES.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this title, a person committing a violation 
of section 101 is liable for either—