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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Gov't Ex. 133, Agt. Edison & Eastman Kodak Cos. 563 exclusively in the manufacture, in the "territory aforesaid," of motion pictures made on translucent or transparent sensitized film, designated in said agreements as "Licensed Film" manufactured and sold by a film manufacturer or manufacturers under an agreement in writing with the Patents Company; each of said license agreements further providing for the collection from the licensee named therein by such manufacturer or manufacturers of the following royalty or royalties for such "Licensed Film" of a width approximately one inch and three-eighths of an inch (1% in.) purchased by said licensee during the year preceding June 20th, 1909, and during any year, counting from June 20th, 1909, during the continuance of the license agreement, and up to August 31, 1914, that is to say : If such shipments of such "Licensed Film'' to the licensee, on the orders of such licensee, for any such year, be four million running feet or less, a royalty or one-half (%) cent per running foot on the total number of running feet for that year; if such shipments, on the orders of such licensee, of such "Licensed Film,'' for any such year, exceed four million running feet, but do not exceed six million running feet, a royalty of four and onehalf (IVo) mills per running foot on the total number of running feet for that year; if such shipments, on the orders of such licensee, of such "Licensed Film,'' for any such year, exceed six million running feet, but do not exceed eight million running feet, a royalty of four (-1) mills per running foot on the total number of running feet for that year; if such shipments, on the orders of such licensee, of such "Licensed Film." for any such year, exceed eight million running feet but do not exceed ten million running feet, a royalty of three and three-quarter (.')•'• i ) mills per running foot on the total number of running feet for that year; and if such shipments, on the orders of such licensee, of such "Licensed Film," for any such year, exceed ten million running feet, a royalty of three and one-quarter (3%) mills per running foot for the total number of running feet for that year. And for "Licensed Film" narrower or wider than approximately one inch and three-eighths of an inch (1%) or thirty-five (35) millimeters, the above mentioned royalties shall be reduced or increased in proportion to the reduction or increase in width of such narrower or wider "Licensed