Page:United States Statutes at Large Volume 45 Part 1.djvu/308

 SEVENTIETH CONGRESS. SEss. I. Ca. 167. 1928 . 257 Alien Property Custodian to the United States. Such compensation De ter mi nat ion of shall be the amount, as nearly as may be determined, which would comp ensat ion for. have been paid if such patent, right, claim, or application had been licensed, assigned, or sold to the United States by a citizen of the United States, except that there shall be deducted from such amount dutid payments de- any consideration paid therefor by the United States (other than Exception . consideration which is returned to the United States under section Post, p. 274. 27 of the Trading with the Enemy Act, as amended). Use by Unit ed States (4) The use by or for the United States of any invention described of patented inventions, in and covered by any patent (including an application therefor and eye d by Cus to- any patent issued pursuant to any such application) which was con- veyed, transferred, or assigned to, or seized by, the Alien Property period not included. Custodian, but not including any use during any period between April 6, 1917, and November 11, 1918, both dates inclusive, or on or after the date on which such patent was licensed, assigned, or sold by the Alien Property Custodian. In determining such compensation, Defenses available. any defense, general or special, available to a defendant in an action for i nfringe ment o r in an y suit in equ ity for relief again st an a lleged infringement, shall be available to the United States. (c) The proceedings of the Arbiter under this section shall be con- Authority of Arbiter, ducted in accordance with such rules of procedure as he may pre- Hearings, etc. scribe. The Arbiter, or any referee designated by him, is authorized to administer oaths, to hold hearings at such places within or without the United States as the Arbiter deems necessary, and to contract for the reporting of such hearings. Any witness appearing for the payable from German United States before the Arbiter or any such referee at any place special deposit. within or wi thout the Uni ted States ma y be paid the same fees and mileage as witnesses in courts of the United States. Such payments Post, p. 260 . shall be made out of any funds in the German special deposit account hereinafter provided for, and may be made in advance. (d) The Arbiter may, from time to time, and shall, upon the deter- raTenomp nsawa rds of mination by him of the fair compensation in respect of all such Arbiter. vessels, radio stations, and patents, make a tentative award to each claimant of the fair compensation to be paid in respect of his claim, including simple interest, at the rate of 5 per centum per annum, on Interest allowed . the amount of such compensation from July 2, 1921, to December 31, 1928, both dates inclusive. If a German national filing a claim in Action on a vessel 7 g claim failing to show respect of any such vessel fails to establish to the satisfaction of the that Germ an Govern- ment , etc ., has no Arbiter that neither the German Government nor any member of interest therein. the former ruling family had, at the time of the taking, any interest in such vessel, either directly or indirectly, through stock ownership or control or otherwise, then (whether or not claim has been filed by or on behalf of such Government or individual) no award shall be made to such German national unless and until the extent of such interest of the German Government and of the members of the former ruling family has been determined by the Arbiter. Upon such deter- Tentative award on determinat ion of in- mination the Arbiter shall make a tentative award in favor of such terest of German Gov- Government or individual in such amount as the Arbiter determines ernment, etc' to be in just ice an d equit y repre sentat ive of such in terest, and r educe accordingly the amount available for tentative awards to German nationals filing claims in respect of the vessel so that the aggregate of the tentative awards (including awards on behalf of the German Government and members of the former ruling family) in respect of the vessel will be within the amount of fair compensation determined under subsection (b) of this section. Total amount (e) The total amount to be awarded under this section shall not limited. exceed $100,000,000, minus the sum of (1) the expenditures in carry- Minus expenses and payments heret ofore ing ou t the p rovisi ons of this se ction (includ ing a r easona ble est imate made. for such expenditures to be incurred prior to the expiration of the

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