In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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24 Harry N. Marvin, Direct Examination. licensor." What was the company referred to there? A. Any company that the Patents Company might select. Q. Whom did they select? A. They did select the Eastman Kodak Company. Q. And it was known at the time that it was the Eastman Kodak Company? A. It was expected that they would be the first one selected because they made the best film at that time. Q. Did you have any part in negotiations which took place between the Eastman Company and the Patents Company, as a result of which a contract was entered into between those two companies? A. Yes. Q. Under that agreement the Eastman Kodak Company covenanted that it would not sell its film to any manufacturers other than those that took a license from the Patents Company? A. No. Q. W7as not that understood and agreed in 1909? A. No. Q. What was the agreement? A. Why, the Eastman Company were privileged to supply film to any of their old customers abroad, who might open up factories in this country, and they were also permitted to supply a certain limited quantity of film to experimenters, scientists and others, and they were, I believe, permitted to supply film of a certain width to any one. Q. They were not permitted under the agreement to sell the film of standard width to other manufacturers in the United States than those who entered into license agreements with the Patents Company? A. Yes, they were allowed to supply film to any foreign manufacturer who had been customers of theirs and who might come over and start a factory in the United States at any time. Q. Were they allowed to sell sensitized film of the standard width to others than the Patents Company licensees, excej)ting these customers of theirs who had foreign plants and whom you have just named? A. Only to a limited extent. Q. And by that limited extent you mean what? A. I have forgotten the percentage, I think it was something like three per cent, of their output or something of that sort; it appears in the answer.