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

Record Details:

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4 and " B "; that this agreement was ratified and confirmed by the Patents Company after its organization and that a license agreement between the Patents Company and the complainant to supplement the license agreements embodied in Schedules " A " and " B," was, on or about December 18th, 1908, prepared by the Patents Company and signed by the complainant acting through its Vire-president, one J. J. Lodge, and as so executed by the complainant was delivered to the President of the Patents Company at the latter's request, who promised that it would be forthwith signed by the Patents Company, its corporate seal affixed and forwarded to the complainant at Chicago; that the Patents Company has issued and delivered similar license agreements to the six other Edison licensees as well as to certain additional licensees. All of these allegations are denied in the answer, except that it is admitted that the defendants have refused to execute and deliver the alleged agreements, and that similar license agreements have been issued and delivered to the six other Edison licensees and to two additional licensees. The bill further alleges that the Patents Company has issued notifications to certain individuals and corporations known as licensed exchanges constituting the customers to whom it is alleged the licensed manufacturers under the aforesaid licenses issued by the Patents Company as well as the complainant sell their products, in and by which notifications said licensed exchanges have been notified of their right to purchase motion pictures from the licensed manufacturers of the Patents Company (excluding the complainant); that said licensed exchanges have been prohibited from purchasing or using motion pictures otiier than those purchased from said manufacturers (excluding the complainant) licensed by the Patents Company so that the complainant is prevented from selling its motion pictures to said licensed exchanges and is therefore deprived of a market for its products, and that it will be impossible for complainant to conduct its business or compete with the other licensees of the Patents Company, unless a further license agreement from the Patents Company is issued