Page:United States Statutes at Large Volume 68 Part 1.djvu/978

 946

PUBLIC LAW 703-AUG. 30, 1954

[68 S T A T.

"(2) the Commission shall hold a hearing within 60 days after the filing of such application at a time and place designated by i the Commission; and "(3) in the event an applicant applies for two or more patent licenses, the Commission may, in its discretion, order the consolidation of such applications, and if the patents are owned by , more than one owner, such owners may be made parties to one 1 hearing. "e. If, after any hearing conducted pursuant to subsection 153 d., the Commission finds that— "(1) the invention or discovery covered by the patent is of primary importance in the production or utilization of special nuclear material or atomic energy; I "(2) the licensing of such invention or discovery is of primary importance to the conduct of the activities of the applicant; "(3) the activities to which the patent license are proposed to be applied by such applicant are of primary importance to the furtherance of policies and purposes of this Act; and "(4) such applicant cannot otherwise obtain a patent license from the owner of the patent on terms which the Commission deems to be reasonable for the intended use of the patent to be made by such applicant, the Commission shall license the applicant to use the invention or discovery covered by the patent for the purposes stated in such application on terms deemed equitable by the Commission and generally not less fair than those granted by the patentee or by the Commission to similar licensees for comparable use. "f. The Commission shall not grant any patent license pursuant to subsection 153 e. for any other purpose than that stated in the application. Nor shall the Commission grant any patent license to any other applicant for a patent license on the same patent without an application being made by such applicant pursuant to subsection 153 c, and without separate notification and hearing as provided in subsection 153 d., and without a separate finding as provided in subsection 153 e. "g. The owner of the patent affected by a declaration or a finding made by the Commission pursuant to subsection 153 b. or 153 e. shall be entitled to a reasonable royalty fee from the licensee for any use of an invention or discovery licensed by this section. Such royalty fee may be agreed upon by such owner and the patent licensee, or in the absence of such agreement shall be determined for each patent license by the Commission pursuant to subsection 157 c. "h. The provisions of this section shall apply to any patent the application for which shall have been filed before kSeptember 1, 1959, SEC. 154. INJUNCTIONS.—No court shall have jurisdiction or power to stay, restrain, or otherAvise enjoin the use of any invention or discovery by a patent licensee, to the extent that such use is licensed by subsection 153 b. or 153 e. 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 subsection 157 c, 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 subsection 157 c. 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.

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