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

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54 OEIGIIs^AL PETITION, EXHIBIT 3. Letters Patent Nos. 578185, 580749, 586953, 588916, and 673992, and by the latter company to the former company under Patents Nos. 707934 and 722382, which Ucenses are, however, by agreement between said parties, suspended and are not to be acted upon until the Licensor becomes bankrupt, ceases doing business, or shall be dissolved voluntarily or otherwise, or its charter shall be repealed; and (c) Whereas, the Licensor is the owner of all the right, title, and interest in and to reissued Letters Patent of the United States Num.bered 12037, dated Septem.ber 30, 1902, and 12192, dated January 12, 1904, the original Letters Patent whereof are Num.bered 589168 and dated August 31, 1897, and that there are no outstanding licenses, shop rights, or other rights under said reissued letters patent, or either of them, except license agreements thereunder between the Edison Company and Pathe Freres of New York, dated May 20, 1908 (to go into effect June 20, 1908), and between the Edison Company and the Kalem Company, of New York; the Essanay Company, of Chicago; Siegmund Lubin, of Philadelphia; George Melies Com.pany, of Chicago, Illinois; the Selig Polyscope Company, of said Chicago, and the Vitagraph Company of America, of New York, all dated January 31, 1908; and (d) Whereas, the Edison Company, the Licensee and the other licensees before m.entioned under the said reissued Letters Patent, Numbered 12037 and 12192, have suspended the operation of the said license agreements; and (e) Whereas, the Licensee is engaged in the manufacture and sale of motion pictures, including the printing of positive motion pictures from negative motion pictures of the Licensee's own production, and, relying upon the aforesaid representations of the Licensor, and induced thereby, desires to obtain from the Licensor a license under said two reissued Letters Patent Numbered 12037 and 12192, and Letters Patent Nos. 629063 and 707934, and to lease positive motion pictures for use in exhibiting or projecting machines containing the inventions, or any of them, described and claimed in said Letters Patent Nos. 578185, 580749, 586953, 588916, 673329, 673992, 707934, 722382, 744251, 770937, 771280,