Television digest with electronic reports (Jan-Dec 1958)

are sought, licenses for the manufacture, use, lease and sale of such apparatus under such foreign patents, such licenses to be royalty-free or at reasonable royalties to the same extent and subject to the same proceedings, terms and conditions with respect to foreign patents as the licenses provided for in subsections (A), (B), (D) and (F) hereof but without regard to subsection (C) hereof; (7) the license must provide that the licensee is free to contest in any proceeding the validity and scope of any of the licensed patents. (H) Any existing domestic licensee of RCA shall have the right to apply for and receive a license or licenses under this Final Judgment in substitution for its existing license or licenses from RCA in so far as future obligations and licenses are concerned, provided, however, that in that event the licensee shall agree that RCA shall have the option to continue in effect any license or licenses from such licensee to RCA, or to cancel any such license or licenses from such licensee to RCA in so far as future obligations and licenses are concerned; provided further that nothing in this Final Judgment shall affect any arbitration proceeding with respect to the use of RCA patents, which proceeding was instituted or agreed to prior to the date of entry of this Final Judgment, or any decision in any such arbitration proceeding. VI RCA is enjoined and restrained from disposing of any patents, or rights thereunder, so as to deprive it of the power to grant or cause .to be granted licenses as required under Section V of this Final Judgment unless it be a condition of such disposition that the transferee shall observe the provisions of said Section V with respect to the patents and rights so acquired and shall file with this Court, prior to such disposition, an undertaking to this effect; provided, however, that this Section VI shall not be deemed to apply to (i) any transfer of patents or rights thereunder to the plaintiff or any agency thereof, or (ii) a disclaimer, or a concession or other grant in interference proceedings. VII (A) For so long as RCA offers the services of its Industry Service Laboratory to licensees under its domestic patents, such services shall be offered and furnished on a non-discriminatory basis to licensees and non-licensees; and any charge for such services shall be separate from, independent of, and unrelated to any other payments due RCA and shall be non-discriminatory between users of substantially the same type of service for substantially the same radio purpose apparatus. (B) For a period of ten years subsequent to the entry of this Final Judgment RCA is ordered and directed to furnish to any licensee under its domestic patents under subsections (A), (B) or (C) of Section V of this Final Judgment requesting it, and for a reasonable and separate charge approximating cost, such of RCA’s technical information as the licensee may reasonably need to enable him to utilize the invention or inventions of any domestic patent or patents licensed by RCA to such licensee in such licensee’s manufacture of the apparatus licensed. VIII RCA is ordered and directed (i) upon written request of any person, to furnish to such person a list, prepared as of January 1 of the year in which the request is made, of unexpired domestic patents owned by RCA and, to the extent RCA has knowledge thereof, a list of the unexpii'ed domestic patents under which RCA has sublicensing rights, identified with the classification of the United States Patent Office and the date of issue of such patents, and, to the extent RCA does not have such knowledge, a list of the persons the domestic patents of which RCA has the right to sublicense, (ii) upon written request of an applicant for a license, to give the same information with respect to the domestic patents covered by the license at the time of its issuance, and (iii) upon written request of any licensee of RCA under this Final Judgment to give the 'same information with respect to the domestic patents, and the patent number and date of issue as to foreign patents, licensed by or under which immunities are given by RCA to such licensee as of the date of such request; in each case within a reasonable time after receipt of such request. IX (A) RCA is enjoined and restrained for a period of ten years from the date of entry of this Final Judgment from acquiring, directly or indirectly, title to any domestic patent on any invention other than an invention made by an employee of RCA or any of its subsidiaries, or by a person for RCA pursuant to a research, development or consulting contract, except where this Court, upon application by RCA and notice to the plaintiff, shall find that RCA could not obtain a nonexclusive license under the patent on reasonable terms. (B) RCA is enjoined and restrained, except where this Court upon application and notice to the plaintiff shall find good cause therefor, from acquiring any exclusive license under, or any right to grant sublicenses under, any domestic patent owned or controlled by any other person, except such sublicensing rights obtained by RCA under agreements entered into prior to the date of entry of this Final Judgment. X RCA is enjoined and restrained from making, performing, enforcing or adhering to any restriction or condition on any licenses or other rights under domestic or foreign patents granted by or to it that (i) imposes any quantity or dollar limitations, (ii) restricts sales to designated customers or classes of customers, (iii) restricts the price at which licensed apparatus may be sold, or (iv) divides fields of manufacture, sale or distribution of any apparatus or the licensing of domestic or foreign patents or other inventions with others. XI RCA is ordered and directed to mail a copy of this Final Judgment to all its existing licensees under domestic patents for radio purpose apparatus within thirty (30) days from the date of entry of this Final Judgment. XII For the purpose of securing compliance with this Final Judgment, duly authorized representatives of the Department of Justice shall, upon written request of the Attorney General, or the Assistant Attorney (General in charge of the Antitrust Division, and on reasonable notice to RCA made to its principal office, be permitted, subject to any legally recognized privilege, (i) reasonable access during the office hours of said defendant to all books, ledgers, accounts, correspondence, memoranda, and other records and documents in the possession or under the control of RCA relating to any matters contained in this Final Judgment, and (ii) subject to the reasonable convenience of RCA and without restraint or interference from it, to interview officers or employees of RCA, who may have counsel present, regarding any such matters. RCA, upon the written request of the Attorney General or the Assistant Attorney General in charge of the Antitrust Division, and upon reasonable notice made to its principal office, shall submit such written reports with respect to any of the matters contained in this Final Judgment as from time to 4