National Cooperative Research Act of 1984

(Conference report filed in House, H. Rept. 98-1044) National Cooperative Research Act of 1984 - Provides that a person's conduct in making or performing a contract to carry out a joint research and development venture shall not be deemed illegal per se under Federal antitrust laws or similar State laws but shall be judged on its reasonableness considering factors including its effect on competition in the relevant markets. Excludes from the definition of the term "joint research and development venture" any activity in which two or more participating parties: (1) exchange information regarding the costs, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not required to conduct the research and development under such venture; (2) restrict or require the production or marketing by any party of any product, process, or service other than proprietary information developed through such venture; or (3) restrict or require other research and development activities, or the sale, licensing, or sharing of any invention or development not developed through such venture, if such a restriction or requirement is not required to prevent misappropriation of proprietary information contributed by any participant or of the results of such venture. Limits to actual damages, specified interest thereon, and the cost of suit the amount that any person or State may recover on a claim in an antitrust action under State or Federal law if the claim is: (1) based on conduct under a joint research and development venture that is described in a venture notification filed with the Attorney General and the Federal Trade Commission (FTC); and (2) filed after such notification becomes effective. Provides that such recovery limitation shall not apply to any conduct in violation of a court order or decree issued after enactment of this Act in any State or Federal antitrust action challenging such conduct as part of such a venture. Directs the court to award the cost of litigating such a claim, including reasonable attorney fees, to: (1) a substantially prevailing claimant; or (2) a substantially prevailing defendent if the claimant's conduct during the litigation was frivolous, unreasonable, without foundation, or in bad faith. Authorizes such an award to be offset by an award in favor of any other party for any part of the cost of litigation attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith. Permits any party to a joint research and development venture, in order to qualify for such limited recovery protection, to file with the Attorney General and the FTC within a specified period a notification disclosing the parties to such venture and the nature and objectiveness of the venture. Requires the venture to file a notification of any change of membership within 90 days after such change. Directs the Attorney General or the FTC, within 30 days after receiving such notification, to publish in the Federal Register a notice identifying the parties to such venture and the area of planned activity of such venture. Provides that such a notification shall be effective as of the earlier of: (1) the date of expiration of such 30-day period, provided the notice is published eventually; or (2) the date the notice is published. Exempts from public disclosure all material submitted as part of such a notification and all information obtained by the Attorney General or the FTC in any investigation, administrative proceeding, or case concerning an antitrust violation by a venture for which such a notification was filed.

(Measure passed House, amended (inserted text of H.R. 5041 as passed House)) Joint Research and Development Act of 1984 - Declares that no joint research and development venture shall be deemed illegal per se under the Federal antitrust laws or under any similar State law. Excludes from the term "joint research and development venture" any activity in which two or more participating parties: (1) exchange information regarding the sales, marketing, or distribution of any product, process, or service; or (2) restrict or require the participation by any party in another research and development program, the production or marketing by any party of any product, process, or service, or the sale, licensing, or sharing by any party of any invention or development neither developed by such venture nor integrally related to a product or process developed by such venture. Permits any party to a joint research and development venture to file with the Attorney General and the Federal Trade Commission (FTC) a written notice disclosing: (1) the parties to such venture; and (2) the nature, objectives, and duration of the venture. Directs the Attorney General or the FTC, within 60 days after receiving such notice, to publish in the Federal Register a notice identifying the parties to such venture and the area of planned activity and duration of such venture. Exempts material submitted as part of such notices from public disclosure. Limits the amount that may be recovered on a claim brought by a person or by a State on behalf of its residents for an injury to business or property sustained as a result of a violation of a State or Federal antitrust law, to the amount of the actual damages sustained, interest on such damages from the date the action is filed or from the date of injury, as specified, and the cost of the suit, if: (1) the claim is based on conduct under a joint research and development venture that is described in the venture notice filed with the Attorney General and the FTC; and (2) such claim is filed after such notice is published in the Federal Register. Provides that such recovery limitation shall not apply to any conduct that occurs during the effective period of any court order enjoining such conduct as a result of a claim under Federal or State antitrust law. Directs the court to award the prevailing party on such claim the cost of litigation, including reasonable attorney's fees. Provides that such award may be reduced or withheld in the interest of justice, or reduced by an award in favor of any other party.

(Measure passed Senate, amended, roll call #209 (97-0)) Title I: Short Title - Declares that this Act may be cited as the National Productivity and Innovation Act of 1983. Title II: Joint Research and Development Ventures - Provides that a person's conduct in making or performing a contract to carry out a joint research and development program shall not be deemed illegal per se under State or Federal antitrust laws but shall be judged on its reasonableness considering factors including its effect on competition in the relevant markets. Excludes from the definition of a "joint research and development program": (1) joint production or marketing of any product or service, other than patents, know-how, or other proprietary information developed through the program; (2) the exchange of information among competitors concerning costs, sales, profitability, or prices that is not required to conduct program research and development; or (3) any restriction on other research and development activities, or on the sale, licensing, or sharing of inventions or developments not developed through such program, that is not required to prevent misappropriation of proprietary information contributed by any participant or of the results of such program. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action (under Federal or State law) based on conduct of such a program, if the action is filed after the program has been disclosed to the Attorney General and the Federal Trade Commission. Provides that such limitation shall apply only if the challenged conduct is not in violation of any court order or decree issued in any antitrust action. Authorizes any person who is a party to such a program to file with the Attorney General and the Commission within 90 days after the formation of the program or 90 days after enactment of this Act, whichever is later, a notification identifying the parties to the program. Directs the Commission to publish a notice identifying the parties to such program in the Federal Register within 60 days after receiving such notification. Exempts information submitted as part of a notification, except the information published in the Federal Register, from disclosure under the Freedom of Information Act. Allows an individual to withdraw a filed notification before it is published. Exempts any actions of the Attorney General or the Commission concerning such notifications from judicial review.

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 98-427) Title I: Short Title - Declares that this Act may be cited as the National Productivity and Innovation Act of 1983. Title II: Joint Research and Development Ventures - Provides that a person's conduct in making or performing a contract to carry out a joint research and development program shall not be deemed illegal per se under State or Federal antitrust laws but shall be judged on its reasonableness considering factors including its effect on competition in the relevant markets. Excludes from the definition of a "joint research and development program": (1) joint production or marketing of any product or service, other than patents, know-how, or other proprietary information developed through the program; (2) the exchange of information among competitors concerning costs, sales, profitability, or prices that is not required to conduct program research and development; or (3) any restriction on other research and development activities, or on the sale, licensing, or sharing of inventions or developments not developed through such program, that is not required to prevent misappropriation of proprietary information contributed by any participant or of the results of such program. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action (under Federal or State law) based on conduct that is within the scope of such a program, if the action is filed after the program has been disclosed to the Attorney General and the Federal Trade Commission. Authorizes any person who is a party to such a program to file with the Attorney General and the Commission within 90 days after the formation of the program or 90 days after enactment of this Act, whichever is later, a notification identifying the parties to, and the nature and objectives of, the program. Directs the Commission to publish a notice of such program in the Federal Register within 60 days after receiving such notification. Requires that such notice identify the parties, describe the program in general terms, and exclude privileged or confidential financial information. Exempts information submitted as part of a notification, except the information published in the Federal Register, from disclosure under the Freedom of Information Act. Allows an individual to withdraw a filed notification before it is published. Exempts any actions of the Attorney General or the Commission concerning such notifications from judicial review.

Title I: Short Title - Declares that this Act may be cited as the National Productivity and Innovation Act of 1983. Title II: Joint Research and Development Ventures - Provides that no joint research and development program shall be deemed illegal per se in any action under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on conduct that is part of such a program and that has been disclosed to the Attorney General and the Federal Trade Commission. Authorizes any individual participating in such a program to file with the Attorney General and the Commission a notification describing the program and specifying conduct to be performed under the program. Directs the Commission to publish in the Federal Register a notice of each such notification, including a description of the participants, the program, and its objectives. Declares that material submitted as part of such notification shall be available to the public upon request, unless the Attorney General or the Commission determines that the individual who submitted the notification shows good cause for not disclosing certain material. Allows an individual to withdraw a filed notification before it is published and accompanying material is made publicly available. Exempts actions and determinations of the Attorney General or the Commission concerning such notifications or antitrust actions or investigations from judicial review. Title III: Intellectual Property Licensing Under the Antitrust Laws - Amends the Clayton Act to provide that agreements to convey rights to use, practice, or sublicense patented inventions, copyrights, trade secrets, trademarks, know-how, or other intellectual property shall not be deemed illegal per se in actions under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on such an agreement. Title IV: Patent and Copyright Misuse - Prohibits a patent or copyright owner who is entitled to relief for patent or copyright infringement from being denied relief or being deemed guilty of misuse or illegal extension of the patent right or copyright by reason of doing any of the following, unless such conduct violates the antitrust laws: (1) licensing the patent or copyright under terms that affect commerce outside the scope of its claims; (2) restricting a licensee in the sale of a patented or copyrighted product; (3) obligating a licensee to pay excessive royalties, royalties that differ from those paid by other licensees, or royalties not related to a licensee's sale of the patented or copyrighted product; (4) refusing to license a patent or copyright to any person; or (5) otherwise using the patent or copyright allegedly to suppress competition. Title V: Process Patents - Requires a process patent to grant the patentee the right to exclude others from using or selling products produced by that process. Includes as patent infringement the unauthorized use or sale of a product of a patented process. Places the burden of proving that a product was not produced by the patented process on the defendant in a patent infringement action if the court finds that: (1) a substantial likelihood exists that the product was produced by that process; and (2) the claimant has exhausted all reasonable means of determining the process used and was unable to make such determination.