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OEIGINAL PETITION. 15
The preliminary agreement of the Biograph Company with the Patents Company is identical with that executed by the Edison Company, except that it provides for the assignment of different patents, and also provides that the Biograph Company shall retain the right (without the payment of any royalty to the Patents Company), to practice the inventions described in the patents which it assigns. This agreement, like the Edison agreement, stipulates that upon its termination the Patents Company shall reassign the patents to the Biograph Company.
The Armat agreement is similar except that the Armat Company receives no stock in the Patents Company as a consideration for the transfer of its patents. Like the others it contains a provision for a continuance of the arrangement beyond 1914, and for a reassignment of the patents by the Patents Company to the Armat Company if the agreement is terminated for any of the reasons above stated.
In the Vitagraph agreement the Vitagraph Company agrees to assign six patents and the right to sue for past infringement, but it reserves the right to practice the inventions described in said patents without the payment of any royalty to the Patents Company. The Patents Company agrees that it w^ill not grant any license to manufacture exhibiting or projecting machines under any patents owned by it and covering such machines unless such licensee shall also accept a license to manufacture and sell exhibiting and projecting machines under the Vitagraph patents whether or not such licensee may thereafter make use of any of the inventions covered by said Vitagraph patents. The Patents Company agrees to pay a royalty of $1 on each machine containing the inventions described in one or more of the Vitagraph patents, a royalty of $1 when the machine is capable of exhibiting by transmitted light, and a royalty on other kinds of machines.
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