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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Gov't Ex. 134, Aot. Edison & Eastman Kodak Cos. 587 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 (4) 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 (3%) 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 (3Vi) mills per running foot for the total number of running feet for that year. And for "Licensed Film" narrower or wider than approximately one and three-eighths of an inch (1% in.) or thirtyfive (35) millimetres, the above mentioned royalties shall be reduced or increased in proportion to their reduction or increase for such narrower or wider film below or above the royalty on said "Licensed Film" of a width approximately one and three-eighths of an inch (1% in.) or thirtyfive (35) millimetres; and 7. WHEREAS, the Eastman Company represents that it has for many years past manufactured by secret processes and embodying secret compositions and patented inventions at said City of Rochester, State of New York, sensitized translucent or transparent film (having a nitrocellulose base) suitable for use in the commercial manufacture, printing and production of negative and positive motion pictures, and has sold the same in the "territory aforesaid" and in foreign countries, the parties to the license agreements referred to in Paragraph 4 (with the exception of George Kleine) having been some of its customers therefor, and that it has special facilities for the manufacture of such film; and has entered into an agreement in writing dated on or about the 1st day of January, 1909, with the Patents Company, respecting, among other things, the supplying of such "Licensed Film" (having a nitrocellulose base) to persons, firms and corporations who have been licensed by the Patents Company under said reissued letters patent No. 12,192, and the collecting there