IV (A) Each defendant is enjoined and restrained from: (1) Combining or conspiring to prevent, restrained or limit the development, manufacture, installation, distribution or sale of Devices; ог (2) Entering into, adhering to, enforcing or claiming any rights under any provisions of any agreement, arrangement, understanding, plan program (hereinafter "agreement") with any other defendant or manufacturer of motor vehicles or Devices: (a) to exchange restricted information; (b) to cross-license patents or patent rights on Devices which crosslicense includes patents or patent rights acquired subsequent to the date of any such cross-license; (c) to delay installation of Devices or otherwise restrain individual decisions as to installation dates; (d) to restrict publicity of research and development relating to Devices; (e) to employ joint assessment of the value of patents or patent rights of any third party relating to Devices; (to require that acquisition of patent rights relating to Devices be conditioned upon availability of such rights to others upon a mostfavored-purchaser basis; (8) to file, in the absence of a written authorization for a joint statement by the agency involved, with any governmental regulatory agency in the United States authorized to issue emission standards or regulations for new motor vehicles or Federal motor vehicle safety standards or regulations, any joint statement regarding such standards or regulations except joint statements relating to (i) the authority of the agency involved, (ii) the draftmanship of or the scientific need for standards or regulations, (iii) test procedures or test data relevant to standards or regulations, or (iv) the general engineering requirements of standards or regulations based upon publicly available information; provided that no joint statement shall be filed which discusses the ability of one or more defendants to comply with a particular standard or regulation or to do so by a particular time, in the absence of a written agency authorization for such a joint statement, and provided also that any defendant joining in a joint statement shall also file a statement individually upon written request by the agency involved; or (h) not to file individual statements with any governmental regulatory agency in the United States authorized to issue emission standards or regulations for new motor vehicles or Federal motor vehicle safety standards or regulations. (B) Nothing in this Final Judgment shall prohibit any defendant: (1) the defense or prosecution of any litigation or claim; (2) from entering into or performing under any otherwise lawful agreement with any other person or conducting bona fide negotiations looking to any such agreement: (a) for the purchase or sale of specific commercial products; (b) for the license of specific existing patent rights or from including in any such agreement provision for a nonexclusive grant-back of patent rights on improvements obtained by the licensee during the term of the license or a reasonable period thereafter; or (c) for the purchase, sale or license of specific existing restricted information or specific engineering services relating to Devices or from including in any such agreement provision for a nonexclusive grant-back of patent rights on improvements obtained by the licensee during the term of the license or a reasonable period thereafter; or from furnishing or acquiring any restricted information directly relating thereto: (3) from entering into, renewing or performing under any otherwise lawful agreement with any nondefendant person, firm or corporation that does not account for more than 2% of world production of motor vehicle passenger car, truck and bus units in the calendar year preceding the entering into or renewing such agreement (See Appendix A); or (4) under any agreement which is submitted in writing to the plaintiff and to which plaintiff consents in writing. (C) Nothing in Section IV(A)(2)(a) shall prohibit any defendant from engaging in any activity outside the United States reasonably necessary: (1) to the development of, response to, or compliance with existing or proposed vehicle emission laws, regulations or standards of a foreign governmental body, or (2) to the performance under any otherwise lawful agreement for the production of motor vehicles outside the United States with any person, firm or corporation not engaged in the production of motor vehicles in the United States at the time of entering into or renewing such agreement. (A) Each manufacturing defendant is ordered and directed to exercise its right to withdraw from the AMĂ cross-licensing agreement of July 1, 1955, as amended, and to take such steps as are necessary to accomplish said withdrawal within one hundred twenty (120) days from the date of entry of this Final Judgment. Notwithstanding such withdrawal defendants may continue to exercise those rights and claims relating to royalty-free licenses under the cross-licensing agreement which have accrued up to the date of entry of this Final Judgment. (B) Defendant AMA is ordered and directed to relinquish its responsibilities under the AMA cross-licensing agreement of July 1, 1955, as amended, within sixty (60) days from the date of entry of this Final Judgment. VI (A) Upon written request therefor and subject to the conditions set forth herein: (1) Each manufacturing defendant is ordered and directed to grant to any person to the extent that it has the power to do so a nonexclusive, nontransferable and royalty-free license to make, have made, use, lease or sell Devices under any claim of any United States patent or any United States patent application owned or controlled by said defendant or under which it has sublicensing rights, which patent was issued or application was filed prior to the date of entry of this Final Judgment and licensed under the AMA cross-licensing agreement of July 1, 1955, as amended, provided that if the manufacturing defendant is obligated to pay royalties to another on the sales of the licensee the license under this paragraph may provide for the payment of those same royalties to the defendant; (2) Each manufacturing defendant shall grant to any licensee under (1) above, to the extent that it has the power to do so, an immunity from suit under any foreign counterpart patent or patent application for any product manufactured in the United States under the license for sale abroad or for any product manufactured abroad and sold in the United States, provided that if the manufacturing defendant is obligated to pay royalties to another on the sales of the licensee the license may provide for the payment of those same royalties to the defendant; and (3) Defendant AMA is ordered and directed to make available for examination and copying by any person the technical reports in its possession or control prepared or exchanged by defendants pursuant to said cross-license within two years prior to the entry of this Final Judgment, which are identified in Appendix B. (B) Any existing licensee of any manufacturing defendant 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 any manufacturing defendant, insofar as future obligations and licenses are concerned. Any licensee shall be free to contest the validity and scope of any licensed patent. VII Defendant AMA is ordered and directed to mail a copy of this Final Judgment to all signatories to the AMA cross-licensing agreement of July 1, 1955, as amended, and to all known domestic manufacturers of motor vehicles and motor vehicle engines within thirty (30) days from the date of entry of this Final Judgment, and to issue a press release to the domestic trade and business press relating the substance of the Final Judgment. VIII For the purpose of determining or 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 any defendant made to its principal office, be permitted, subject to any legally recognized privilege, 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 said defendant relating to any matters contained in this Final Judgment, and subject to the reasonable convenience of said defendant and without restraint or interference from it, to interview officers or employees of said defendant, who may have counsel present, regarding any such matters. Said defendant, upon the written request of the Attorney General or the Assistant Attorney General in charge of the Antitrust Division, shall submit such written reports with respect to any of the matters contained in this Final Judgment as from time to time may be requested. No information obtained by the means provided in this Section shall be divulged by any representative of the Department of Justice to any person other than a duly authorized representative of the Executive Branch of the plaintiff, except in the course of legal proceedings to which the United States is a party for the purpose of securing compliance with this Final Judgment or as otherwise required by law. IX Section IV(A) (2) (a) and (g) of this Final Judgment shall expire ten years after the date of entry hereof, provided that plaintiff may apply to this Court for the continuation of one or both of said provisions, such application to be made not later than nine years after the date of entry of this Final Judgment. X Jurisdiction of this cause is retained for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate in relating to the construction of or carrying out of this Final Judgment, for the modification or vacating of any of the provisions thereof, and for the purpose of the enforcement of compliance therewith and the punishment of violations thereof. Dated: October 29, 1969. JESSE W. Curtis, Section IV (B) (3) of this judgment was prepared in reliance on the motor vehicle production statistics set forth in the following tables contained in Ward's 1969 Automotive Yearbook (31st edition) published by Powers and Company, Jnc., Detroit, Michigan, at page 14: 1968 WORLD MOTOR VEHICLE PRODUCTION (20 LEADING COUNTRIES) Note: Data for above tabulation drawn from best sources available. Statistics for some Red-bloc countries based upon monthi, averages and are subject to slight change. U.S.S.R. for 1968 is an estimate based upon final 1967 counts. WORLD MOTOR VEHICLE PRODUCTION-1969 (26 LEADING MANUFACTURERS) Ranking and manufacturer 2 Ford.. 3 Chrysler. 4 Volkswagen.... 5 Fiat.. 6 Toyota.. 7 BLM. 8 Nissan. 9 Renault. England. 553, 701 108, 017 661,718 526,987 11 Opel (GM).. 16 Peugeot.. 17 Mitsubishi. 18 GM Vauxhall. 19 Ford Cologne. 20 Honda.. 21 Chrysler Simca. 22 Daimler-Benz.. 23 AM Corp... West Germany.. 646,718 10,000 Japan... France. 29,980 407,705 405,314 24 D. Kogyo.. 25 Chrysler. 26 Chrysler Rootes.. 260, 355 225,490 Canada. 219, 151 16,573 216, 168 203,312 Note: Because both production and factory sales are used in the above tabulation, the above rankings are not absolute and could vary slightly. Data used represents vehicles produced in the indicated locations. Fiat excludes Autobianchi. Volkswagens excludes Auto-Union. BLM was formed in 1968, hence its 1967 total represents BMC. It is contemplated by the partie that Ward's Automotive Yearbook or any successor publication will be the source of the statistics necessary to the future interpretation of the provisions of Section IV (B) (3). О |