Page:United States Statutes at Large Volume 60 Part 1.djvu/797

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PUBLIC LAWS-CH. 724-AUG. 1 , 1946 Counsel Determination of royalty fee. Determination of compensation. Payment of awards. 36 Stat. 1157. Advisory boards. Standards to gov- ern use of materials, etc. Studies, hearings, etc. who has complied with subsection (a) (3) above may make appli- cation to the Commission for, and the Commission may grant, an award. (D) Any person making application under this subsection shall have the right to be represented by counsel. (3) STANDARDS.- (A) In determining such reasonable royalty fee, the Commis- sion shall take into consideration any defense, general or special, that might be pleaded by a defendant in an action for infringe- ment, the extent to which, if any, such patent was developed through federally financed research, the degree of utility, novelty, and importance of the invention or discovery, and may consider the cost to the owner of the patent of developing such invention or discovery or acquiring such patent. (B) In determining what constitutes just compensation under subsection (a), (b), or (d) above, the Commission shall take into account the considerations set forth in paragraph (A) above, and the actual use of such invention or discovery, and may determine that such compensation be paid in periodic payments or in a lump sum. (C) In determining the amount of any award under para- graph (2) (C) of this subsection, the Commission shall take into account the considerations set forth in paragraph (A) above, and the actual use of such invention or discovery. Awards so made may be paid by the Commission in periodic payments or in a lump sum. (4) JUDICIAL REVIEW. -Any person aggrieved by any determination of the Commission of an award or of a reasonable royalty fee may obtain a review of such determination in the Court of Appeals for the District of Columbia by filing in such court, within thirty days after notice of such determination, a written petition praying that such determination be set aside. A copy of such petition shall be forthwith served upon the Commission and thereupon the Commission shall file with the court a certified transcript of the entire record in the pro- ceeding, including the findings and conclusions upon which the deter- mination was based. Upon the filing of such transcript the court shall have exclusive jurisdiction upon the record certified to it to affirm the determination in its entirety or set it aside and remand it to the Com- mission for further proceedings. The findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on petition therefor under section 240 of the Judicial Code (U. S . C ., title 28, sec. 347), by the Commission or any party to the court pro- ceeding. GENERAL AUTHORITY SEC. 12 . (a) In the performance of its functions the Commission is authorized to- (1) establish advisory boards to advise with and make recom- mendations to the Commission on legislation, policies, adminis- tration, research, and other matters; (2) establish by regulation or order such standards and instructions to govern the possession and use of fissionable and byproduct materials as the Commission may deem necessary or desirable to protect health or to minimize danger from explosions and other hazards to life or property; (3) make such studies and investigations, obtain such infor- mation, and hold such hearings as the Commission may deem 770 [60 STAT.