Brief for the United States (1914)

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308 PAET XV. the means of combining the defendants. Its dissolution as part and parcel of the unlawful combination is essential. Such dissolution will work no hardship, for when the patents were assigned to the Patents Co. it was expressly provided that upon the termination of the agreements all of the right, title, and interest in and to the patents should be reassigned by the Patents Co., without consideration other than the pajanent of $1, to the companies severally assigning the patents to it. (Ex. 2 to Pet., p. 51.) This provision was contained in each of the agreements to assign patents. All the shares of stock of the Patents Co. have been held in trust by the Empire Trust Co. ever since its issue. (Marvin, I, 22.) The stock owned by the Edison Co. is held by that trust company under that provision of the assignment wliich provides that it may not be sold by the Edison Co. without the consent of the Biograph and Armat companies and the stock owned by the Biograph Co. is held under a similar requirement respecting the Edison Co. The answer states that the l^atents Co. acts as trustees for the owners of the patents. (Ans. Pat. Co., fol. 129, 306.) The dissolution of the Patents Co. and the consequent reversion of the patents to their several original owners will very largely operate to restore the conditions that prevailed prior to the formation of tlie unlawful combination.