42 U.S.C. § 2188

Monopolistic use of patents

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Whenever the owner of any patent hereafter granted for any invention or discovery of primary use in the utilization or production of special nuclear material or atomic energy is found by a court of competent jurisdiction to have intentionally used such patent in a manner so as to violate any of the antitrust laws specified in section 2135(a) of this title, there may be included in the judgment of the court, in its discretion and in addition to any other lawful sanctions, a requirement that such owner license such patent to any other licensee of the Commission who demonstrates a need therefor. If the court, at its discretion, deems that such licensee shall pay a reasonable royalty to the owner of the patent, the reasonable royalty shall be determined in accordance with section 2187 of this title.

Notes of Decisions

Cited in 1 case, 1974–1974 · leading case: Piper v. Atomic Energy Comm'n, 502 F.2d 1393 (C.C.P.A. 1974).

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Piper v. Atomic Energy Comm'n, 502 F.2d 1393 (C.C.P.A. 1974). · cites it 2× “pecial nuclear material or atomic energy, 5 thus : (a) The Commission may, after giving the patent owner an opportunity for a hearing, declare any patent to be affected with the public interest if (1) the invention or discovery covered by the patent is of primary importance in…”

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