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)

Record Details:

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142 Ag'Tj Biograph Co. and Kleine, Feb. 18, 1908. shall be rendered by the party of the first part upon the importation of positive films, payment therefor to become due upon sale thereof by any of the parties of the second, third and fourth parts. As to stocks of positive films on hand on March 2nd, 1908, invoices for one-half (%) cent per lineal foot shall be rendered and payment become due on sales of such stocks. As to imported negatives, payment of one-half (y2) cent per foot shall be made at once upon printing of positives therefrom. As to positive films made in the United States from imported negatives, invoices for one-half (y2) cent per foot shall be made and payments become due against sales of positives. 3. The party of the first part hereby agrees to license the parties of the second, third and fourth parts to make, use and vend the motion picture films described in section 4 hereof, for use in projecting machines such as are described in the Latham United States patent No. 707934, dated August 26th, 1902, and owned or controlled by the said party of the first part, and it does so license the parties of the second, third and fourth parts, upon the terms and conditions of this agreement, or upon equally as favorable terms and conditions as are now or may hereafter be established by the said first party with reference to the use of films of its own manufacture in such projecting machines ; and upon the further expressed conditions that motion picture films handled by the said parties of the second, third and fourth parts, shall be sold by them to established rental exchanges at not less than a minimum price of eleven (11) cents per lineal foot; and sold to all other customers at not less than a minimum price of fourteen (14) cents per lineal foot; or at such other prices as the party of the first part may hereafter determine and establish. 4. All the parties hereto agree that this agreement shall extend to all importations of positive and negative films from whatever producer, and to positive films therefrom printed in this country; but not in any way to negatives produced in this country or to apparatus for producing negatives. 5. The party of the first part agrees for itself that it will defend, through its own counsel and at its own expense,