The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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12 ORIGINAL PETITION. These officers have at all times since its incorporation constituted the entire board of directors of the Patents Company, except that William Pelzer, an officer of Thomas A. Edison (Inc.), has been for some time past and is now secretary and director in place of George F. Scull. All of the stock of the Patents Company, except the four qualifying shares held by the four directors, has been owned ever since its organization, one half by the Edison Manufacturing Company and its successor, Thomas A. Edison (Inc.), and the other half by the Biograph Company, as provided in the preliminary agreements for the assignment of the patents to be next described. IV. PRELIMINARY AGREEMENTS FOR THE ASSIGNMENT OF THE PATENTS. There were four of these agreements, all executed as above stated, December 18, 1908, each agreement being entered into by one of the following companies with the Patents Company : 1. Edison Manufacturing Company, 2. Biograph Company, 3. Armat Moving Picture Machine Company, and 4. Vitagraph Company of America. These agreements are identical as to ail the essential features. A copy of the Edison agreement, dated December 18, 1908, is attached hereto as a part of this petition and marked Exhibit 2. After reciting that the Edison Company owns Reissues Letters Patent Nos. 12037 and 12192 and that the Edison Company desires to acquire $50,000 of the $100,000 authorized capital stock of the Patents Company, in consideration of the assignment of the patents last named, and after further reciting that the Patents Company has acquired or