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

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OKlGIISrAL PETITION. 13 will acquire certain patents (naming them) from the Vitagraph Company of America, Biograph Company; and the Armat Company, and that the Patents Company contemplates deriving royalties of three kinds (1) from manufacturers of projecting machines licensed under the patents by the Patents Company (machine royalties), (2) from exhibitors, for the use of projecting machines licensed under the patents by the Patents Company (exhibitors^ royalties), and (3) from manufacturers and importers of motion -picture filmxS licensed under Reissues 12037 and 12192 above named (film royalties), the Edison preliminary agreement provides: (1) The Edison Company agrees to assign reissue patents 12037 and 12192 and the right to sue for past infringement, and the Patents Company agrees to issue 500 shares of stock aggregating $50,000. (Paragraphs 9 and 10.) (2) The Edison Company agrees not to pledge, sell, or dispose of its capital stock in the Patents Company, and to deposit its certificates with a trust company, to be named by the Patents Company, as trustee, and to instruct the said trustee not to release, transfer, or return the said certificates so deposited without the consent of the Biograph and Armat Companies. (Paragraph 14.) (3) After deducting from the machine royalties a royalty of $1 a machine, to be paid the Vitagraph Company, and after deducting from the gross exhibitors' royalties 24 per cent for payment to the licensed manufacturers and importers of motion pictures other than the Biograph and Edison Companies, and after deducting the expenses, the balance is to be divided as follows : (a) To the Edison Company shall be assigned and paid an amount equal to the net film royalties. (h) The remainder up to an amount equal to the net film royalties, shall be assigned and paid to the Biograph Company and the Armat Company, respectively, in the proportion