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

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26 OEIGINAL PETITIOls^. invention of the reissued patent 12192; that is to say^ every machine is to be sold subject to the condition that it shall be used only with films supplied by one of the ten licensed manufacturers. These agreements also fix the prices at which all projecting machines are to be sold; these prices are m.ade the same for all — that is to say, all competition in interstate commerce between the various manufacturers of projecting m.achines as to the prices and terms of sale of their respective machines is destroyed by establishing uniform prices. The agreements provide that the manufacturer shall pay the Patents Company a royalty of $5 on every machine, called ^^m.achine royalties." The Patents Company, acting under the direction and domination and in the interest of defendants, early in 1909 concluded license agreem^ents of the character indicated with all the companies at that time manufacturing and selling projecting machines in the United States, to wit: American Mutoscope and Biograph Co., Apr. 20, 1909. American Moving Picture Machine Company, Feb. 13, 1909. Armat Moving Picture Co., Jan. 7, 1909. Edengraff Mfg. Co., Jan. 7, 1909. Edison Mfg. Co., Jan. 7, 1909. Enterprise Optical Mfg. Co., Jan. 7, 1909. Lubin Mfg. Co., Jan. 7, 1909. Nicholas Power, Jan. 7, 1909. Eberhard Schneider, Jan. 7, 1909. Selig Polyscope Co., Jan. 7, 1909. . Spoor & Co., Jan. 7, 1909. Vitagraph Co. of America, Jan. 7, 1909. The companies just named, located in different States, were selling and shipping projecting and exhibiting machines in interstate commerce throughout the United States.