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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400 Agreement,, Patents & Gaumont Cos. (c) WHEREAS, the Licensor represents that it is the owner of all the right, title and interest in and to reissued Letters Patent of the United States, No. 12037, dated September 31, 1902, and No. 12,192, dated January 12, 1904, original Letters Patent whereof were numbered 589,168, and dated August 31, 1897, and that there are no outstanding exclusive licenses, shop rights and other rights under said reissued Letters Patent or either of them, and no outstanding licenses or other rights of any kind, except license agreements thereunder between the Edison Manufacturing Company, of Orange, New Jersey, and certain manufacturers of motion pictures, the operation of which agreements has been suspended, and between the Licensor and certain manufacturers and importers of motion pictures; and (d) WHEREAS, the Licensee is engaged in the manufacture and importation of a certain synchronizing device for motion picture exhibiting and sound reproducing apparatus, which is known as the "Chronophone," and in the business of selling, leasing and using the said "Chronophone," and also in the business of manufacturing, importing, selling and exhibiting "talking motion pictures" exclusively, including the printing of positive "talking motion pictures" from negatives of the Licensee's own production, and relying upon the aforesaid representations of the Licensor and induced thereby, desires to obtain from the Licensor a license under said two reissued Letters Patent Nos. 12,037 and 12,192, and Letters Patent Nos. 629,063 and 707,934, to manufacture and import "talking motion pictures" and to use and to lease for use, said "talking motion pictures" in the said "Chronophones," the exhibiting or projecting machines embodied in or attached to which contain the inventions, or some of them, described and claimed in said Letters Patent Nos. 578,185; 580,749; 586,953; 588,916; 673,329; 673,992; 707,934; 722,382; 744,251; 770,937; 771,280; 785,205 and 785,237; and (e) WHEREAS, the Licensee represents that more than fifty per cent. (50%) of its capital stock is now owned and controlled by the Societe des Etablissemcnts Gaumont, of Paris, France; and (f) WHEREAS, the said Societe des Etablissements