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

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OKIGINAL PETITION^ EXHIBIT 3. 73 It is further mutually covenanted and agreed by and between the Licensor and the Licensee that the Licensor will, during the continuance of this agreement, license such a number of persons, firms, or corporations under said Letters Patent Nos. 578185, 580749, 586953, 588916, 673329, 673992, 707934, 772382, 744251, 770937, 771280, 785205, and 785237, to make and sell exhibiting or projecting machines containing the inventions described and claimed in the same, capable of exhibiting or projecting motion pictures on film of a width greater than approximately one (1) inch, and also such machines not capable of exhibiting or projecting motion pictures on film of a greater width than approximately one (1) inch, as will be able to supply the demand for the same; and that it shall not, and it hereby covenants and agrees that it will not, during the continuance of this agreement, license any person, firm, or corporation under said letters patent or any of them to make or sell any such exhibiting or projecting machine containing any of the inventions described and claimed in said letters patent, and capable of exhibiting or projecting motion pictures on film of a width greater than approximately one (1) inch, except upon the conditions and restrictions that the sale and purchase of such machine gives only the right to use it solely for exhibiting or projecting motion pictures containing the inventions of said reissued Letters Patent No. 12192 leased by a licensee of the Licensor, while it owns or controls the letters patent under which such machine is licensed and upon other terms to be fixed by the Licensor while in use, and while the letters patent under which it is licensed are owned or controlled by the Licensor (which other terms shall only be the payment of a royalty or rental to the Licensor while in use, as hereinbefore provided for), and that there shall be attached to each such machine, in a conspicuous place, a plate, which is not to be removed therefrom, showing plainly not only the dates of the letters patent under which it is licensed, but also the aforesaid conditions or restrictions. The Licensor further covenants and agrees that it will not charge any such person, firm, or corporation manufacturing and selling any such machine capable of exhibit