Brief for appellees motion picture patents company and Edison manufacturing company (1913)

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3 the licensee during the year preceding the taking of such vote. The bill further alleges that at the same time the same parties entered into another agreement, dated Jan. uary 31st, 1908, copy of which, marked "Schedule B "(p. 29) is annexed to the bill, under which the said licensees were granted the right to import into the United States negative motion pictures made by said George Melies in France and fiom such negative pictures print, manufacture and sell positive motion pictures made in the United States subject to the terms, stipulations and conditions contained in the first agreement (Schedule "A") and during the continuance of said agreement. That by an agreement in writing between the Edison Company, George and Gaston Melies and the Melies Company, executed and delivered on September 18th, 190S, but dated November 2nd, 1908, the said two license agreements were transferred by George and Gaston Melies to the Melies Company, with the consent of the Edison Company. A copy of this agreement, marked '"Schedule C," (p. 31) is attached to the bill. That at or about the time of the execution of the first mentioned license agreement the Edison Company executed and issued six other license agreements to other licensees similar in form to Schedule A. That thereafter and in the month of November or December, 1908, the defendant Motion Picture Patents Company was organized and acquired the letters patent hereinabove referred to from the Edison Company and also various other patents appertaining to the motion picture art. The foregoing allegations of the bill are admitted in the answer, except that the answer sets up that the consent of the Edison Company to the assignment of the license agreements from the Melies' to the Melies Company was procured by the complainant's fraud. The bill further alleges, in substance, as follows: That it was agreed between the complainant and the promoters of the Patents Company that the latter company would grant to the complainant a further license under all patents acquired by it upon the same terms and conditions as contained in Schedules "A"