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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Agreement, Patents & Gaumoxt Cos. 399 ture Apparatus, granted to American Mutoscope & Biograph Company as the assignee of John A. Pross; No. 744,251, dated November 17, 1903, for Kinetoscope, granted Albert E. Smith; No. 770,937, dated September 27, 1901, for Kinetoscope, granted The Vitagraph Company of America as the assignee of Albert E. Smith; No. 771,280, dated October 4, 1904, for Winding-Reel, granted Albert E. Smith; No. 785,205, dated March 21, 1905, for Flame-Shield for Kinetoscopes, granted The Vitagraph Company of America as the assignee of William Ellwood; and No. 785,237, dated March 21, 1905, for Film-Holder for Kinetoscopes, granted The Vitagraph Company of America as the assignee of Albert E. Smith; all of which said Letters Patent relate to improvements in the motion picture art, and that there are no outstanding licenses, shop rights or other rights under said Letters Patent, or either of them, except a license for Parlor Kinetoscopes granted The Karmata Company, of Washington, D. C, under Letters Patent Nos. 578,185; 580,749; 586,953; and 673,992, and certain alleged licenses under U. S. Letters Patent No. 586,953, which are in dispute, claimed to be owned by the Edison Company and the American Graphaphone Company, of Washington, D. C, and S. Lubin, of Philadelphia, Pennsylvania; and excepting a license granted by the American Mutoscope & Biograph Company to the firm of Marvin & Casler to manufacture and sell cameras and exhibiting or projecting machines under Letters Patent owned by it (some of which are hereinbefore referred to) for use in foreign countries only, and excepting certain licenses granted by the Armat Motion Picture Company to the American Mutoscope & Biograph Company under Letters Patent Nos. 578,185; 580,749; 586,953; 588,916; and 673,992, and by the latter Company to the former Company under Patents Nos. 707,934 and 722,382, which licenses are, however, by agreement between said parties, suspended and are not to be acted upon until the Licensor becomes bankrupt, ceases doing business or shall be dissolved voluntarily or otherwise, or its Charter shall be repealed; and