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Company ") is a New Jersey corporation located at Orange, N. J., and was at the time of the commencement of the suit and for some yenrs prior thereto had been engaged in manufacturing and leasing motion pictures. The appellee Motion Picture Patents Company (defendant below; hereafter called "Patents Company") is also a New Jersey corporation, and is the owner of various patents appertaining to the motion picture art, more particularly described in the bill of complaint; some but not all of these patents having been acquired by it from the Edison Company.
The Melies Company came into Equity seeking to compel the delivery or the execution and delivery from the Patents Company to the complainant of two license agreements, alleged to have been executed between them (Complainant's Exhibits 3«> and 37, pp. 635 and 661), or in default thereof to compel specific performance of an alleged agreement to issue such a license, with incidental injunctive relief.
The bill alleges, among other things, in substance that the Edison Company, as the owner of two letters patent No. 12,037 and No. 12, 192, entered into an agreement with Gaston Melies of New York City, acting for himself and as attorney for his brother, George Melies, of Paris, France, under date of January 31st, 1008, in which a license was granted to said Gaston and George Melies, subject to the covenants, conditions and stipulations contained in said agreement, to manufacture and use such number of cameras or apparatus embodying the invention of reissued letters patent No. 12,037 as might be necessary for the proper conduct of the licensee's business, and to manufacture, print, produce and sell positive motion pictures embracing the invention of said re-issued letters patent. A copy of this license agreement, marked "Schedule A" (Comp. Ex. 34, p. 15) is annexed to the bill. This license agreement provided among other things that the licensor might grant other licenses under said patents not exceeding six in number, unless a greater number of such licenses was authorized by a plurality vote of the licensor and the licensees on the basis of one vote for each one thousand running feet of new subjects placed on sale by