Brief for the United States (1914)

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r.Mcr IV. 47 I I*nt('iit No. ()2IM)():5, r('l;i1 iiiL^ to ;i (';iiii('r;i, was tlic patent iiiidci' wliicli the I Jin^i-a pli ('(». hi-oii^lit out the so-called I Jiouia pli caiiid'a (Mai'siii, I, ]:J7, fol. L\ 1: 1:>S, f'ol. 1 ). The Mio^iapli caiiici-a was a fi'ict ioii-fced (Minci'a. riic ! ')i(»L;Ta|)Ii ( 'o. iiiaiiii t'ac;turcd many hundreds (d' tlmusauds of IVct of uioving-})i('tui'(' lihu with its l>ioi;'rai>h camera. ((lovt. Ex. 55, .1, VX). lol. L>: i:!S, \'n]. 1.)] (a) Firstly, we shall exauuue tlie liceuse tr]-auted, aualyze the grant, aud ])<)i]n oui tlie cliaracter of the license. (b) Secondly, we shall state, briefly, the terms aud conditions accompanying and restricting the scope of the license or grant. AVe maintain that thes^^ conditions are oppressive to the public and unauthorized by the patent la\vs. They regulate the business of each licensee in its every detail. The combination had its birth in a common desire to do business under these unlaAvful conditions. (a) The license provides : 1. The licensor hereby grants to the licensee, for the term and subject to the covenants, conditions, and stipulations hereinafter expressed, the right and license under said reissued Letters Patent No. 12037 (Edison camera patent) and Letters Patent Nos. 629063 (Biograph friction-feed camera patent) and 707934 (Latham loop patent), for the United States, its Territories, dependencies, and possessions (hereinafter called the territory aforesaid "), to manufacture and use such a yiumher of cameras